North Carolina high court puts hold on Chapel Hill's towing order

The North Carolina. Supreme Court put a hold on Chapel Hill’s towing order on Tuesday after a towing company appealed that ordinance and one that fine drivers for using cell phones.

The town had by now agreed to put off enforcement of its cell-phone ban while the appeal is pending, according to an appeal that towing company owner George King filed.

The towing ordinance would require a tow-truck driver to report a vehicle’s license tag number, location and description before towing it. It also sets minimum numbers of warning signs that a property owner have to post in order to begin towing other people vehicles.

The Court of appeal upheld the 2 ordinances on June 4. A lower-court judge had ruled them invalid after King sued. The Court of Appeals said, among other things, that King did not have standing to sue because he had not been cited for violate either ordinance.

King’s attorney, Thomas Stark, disputed that logic on Tuesday. Those of us that wish to be in conformity with the law are put in a quandary, he said in an interview. What ought to happen in the end is that the government should do a statewide law, and it should be clear and simple, and that would get the cities and towns out of micromanaging, he said.

Court blocks Chapel Hill towing rules

The North Carolina Supreme Court on Tuesday ordered that Chapel Hill suspend enforcement of new towing regulations while a lawsuit over the rules is appealed.

Chapel Hill adopt towing rules in February 2012 to cut down on complaints about predatory towing, but the order never took effect because towing company operator George King challenged them and a local ban on using cell phone while driving.

King argued that the combination of the 2 ordinances would harm his business, saying that his drivers would be cite for using a cell phone in responding to calls from people seekingto recover their towed cars.

A Superior Court judge threw out both ordinances last year (2012), but the state Carolina Court of Appeals reversed the ruling 3 weeks ago, saying King had not shown any harm from either order. Chapel Hill intended to begin enforcing the towing rules Monday while holding off on the cell phone ban while driving.

The rules would require 2 zones to be properly marked, set fees towing companies can charge, require them to accept credit or debit card expense, consent that they inform police before towing any vehicle and ban impound lots from being more than 15 miles from town. King asked the state Supreme Court Monday to review the Court of Appeals ruling.

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