                                 CODE OF VIRGINIA

LIEN OF KEEPER OF VEHICLES (§ 46.2-644.01)

A. For purposes of this section, &#8220;keeper of vehicles&#8221; means a garage
keeper; a person keeping any vehicles, including a self-storage facility; and a
tow truck driver or towing and recovery operator furnishing services involving
the towing and recovery of vehicles or clean up related to vehicle collisions.

B. Every keeper of vehicles shall have a lien upon such vehicles for the amount
that may be due him for the towing, storage, recovery, and care thereof, until
such amount is paid. In the case of a tow truck driver or towing and recovery
operator furnishing services to a truck, tractor truck, or combination of
vehicles, any such lien held shall apply to any power unit, tractor, trailer, or
semitrailer in the combination.
			Such lien shall be in addition to any lien under &#xA7; 46.2-644.02. Any
garage keeper to whom a vehicle has been delivered pursuant to &#xA7; 46.2-1209,
46.2-1213, or 46.2-1215 shall, within 30 days from the date of delivery, have a
lien upon such vehicle pursuant to this section, provided that action has not
been taken pursuant to such sections for the sale of the vehicle.

C. In the case of any vehicle for which the title shows an existing lien, the
keeper of vehicles shall have a lien upon the vehicle for his reasonable charges
for storage under this section not to exceed $500; however, the keeper of
vehicles shall also be entitled to a lien against any proceeds remaining after
the satisfaction of all prior security interests or liens. In addition, any tow
truck driver or towing and recovery operator shall have a lien for all normal
costs incident to any towing and recovery services furnished for the vehicle.
			In the case of any vehicle not subject to an existing lien on the title, the
keeper of vehicles shall have a lien thereon for his reasonable charges for
storage under this section, alone or in combination with a lien under &#xA7;
46.2-644.02 not to exceed the value of the vehicle as determined by the
provisions of &#xA7; 8.01-419.1.

D. The keeper of vehicles, or the authorized agents of such, shall ascertain
from the Department whether the certificate of title for the vehicle shows a
lien in accordance with the provisions of &#xA7; 46.2-644.03 within seven
business days of taking possession of the vehicle. The owner or lienholder shall
have 10 business days from the date of the notice sent by the Department
pursuant to &#xA7; 46.2-644.03 to reclaim the vehicle. The terms for such
reclamation shall be the payment of the amount due to the keeper of the vehicles
or other amount as agreed by the parties. If the vehicle remains unclaimed, the
keeper of the vehicles may enforce the lien under the provisions of &#xA7;
46.2-644.03 or relinquish the lien under the provisions of &#xA7; 46.2-644.04.
			For purposes of this subsection, the date of possession for a garage keeper
to whom a vehicle has been delivered pursuant to &#xA7; 46.2-1209, 46.2-1213, or
46.2-1215 shall be the date such lien attaches, and the date of possession for a
self-storage facility shall be the date on which the facility owner learns that
a leased space subject to default contains a motor vehicle.

E. Any lien created under this section shall not extend to any personal property
or cargo that is not attached to or considered to be necessary for the proper
operation of any motor vehicle, and it shall be the duty of any keeper of
vehicles to permit the owner of the vehicle or cargo to access the vehicle in
order to recover his personal property or cargo, provided that the owner claims
and retrieves the items at least two business days prior to the auction date.
The keeper of vehicles may dispose of any unclaimed personal property or cargo.

F. For the purposes of this section, in the case of a truck or combination of
vehicles, the owner, or in the case of a rented or leased vehicle, the lessee of
the truck or tractor truck, shall be liable for the costs of the towing,
recovery, and storage of the cargo and of any trailer or semitrailer in the
combination, and the keeper of vehicles of any such vehicle shall have an
immediate lien upon any truck, tractor truck, or combination of vehicles,
including any power unit, tractor, trailer, or semitrailer in the combination.
Nothing in this subsection, however, shall bar the owner of the truck or tractor
truck from subsequently seeking to recover from the owner of any trailer,
semitrailer, or cargo all or any portion of these towing, recovery, and storage
costs.

HISTORY: 2009, c. 664; 2016, c. 397; 2019, c. 561; 2021, Sp. Sess. I, c. 374;
2023, c. 317.