Bill Text: IN SB0143 | 2010 | Regular Session | Amended
Bill Title: Towing services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-28 - Committee report: do pass, adopted [SB0143 Detail]
Download: Indiana-2010-SB0143-Amended.html
Citations Affected: IC 9-13; IC 9-22.
Synopsis: Towing services. Provides that a towing service that
provides professional towing services shall release a passenger motor
vehicle to the owner or a representative of the owner upon the receipt
of the towing service of certain documentation concerning the charges
and the ownership of the vehicle. Provides that upon release of the
vehicle, the towing service may no longer claim a statutory or
possessory lien on the vehicle, but requires the insurer to pay the
reasonable and customary charges for professional services proved by
the towing service, including interest on unpaid charges for the
professional services, beginning on the thirty-first day after the release
of the vehicle.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Insurance and Financial
Institutions.
January 28, 2010, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) staffed at least thirty (30) hours a week;
(2) staffed at least twenty (20) hours a week and a telephone answering, paging, or mobile service is offered at least ten (10) of the remaining hours of the week, for which the contact
telephone number is identified on the business sign at the
towing service; or
(3) open by appointment at least thirty (30) hours a week by
maintaining a staffed telephone or mobile paging telephone
service at least than ten (10) hours a week and a telephone
answering, paging, or mobile service offered at least twenty
(20) hours a week, for which the contact telephone number is
identified on the business sign at the towing service.
(b) To be paid by an insurer, a towing service must comply with the following:
(1) Use a recovery vehicle that is registered under IC 9-18-13-3(b).
(2) Meet the financial responsibility requirements of IC 9-18-13-4(a).
(3) Use appropriately licensed operators when being operated on highways.
(4) Possess a current and valid registered retail merchant's certificate issued under IC 6-2.5-8-1.
(5) Have a properly zoned and secured storage lot, if applicable.
(6) Comply with IC 24-4-6-2(b).
(7) Be accessible to the public.
(8) Submit the charges that the towing service charges for professional services to the nearest state police post.
(9) Make charges for professional services that are reasonable and customary.
(c) If a towing service does not satisfy the requirements of subsection (b) and the insurer disputes the amounts charged for professional services provided by the towing service for towing, transporting, recovery, cleanup, or storage of a motor vehicle or
any combination of these charges, the towing service shall release
the passenger motor vehicle at the request of and receipt from the
owner or a representative of the owner of the passenger motor
vehicle of:
(1) a written agreement of the insurer to pay reasonable
towing, transporting, recovery, cleanup, or storage charges
concerning the passenger motor vehicle or any combination
of these charges; and
(2) proof of ownership of the passenger motor vehicle,
regardless of charges or liens placed on the passenger motor
vehicle, and a copy of the passenger motor vehicle
registration.
The documents under subdivisions (1) and (2) may be received by
facsimile transmission, United States mail, or other method agreed
upon between the parties including, but not limited to, electronic
mail.
(d) Upon release of a passenger motor vehicle, a towing service
may no longer claim a statutory or possessory lien on the passenger
motor vehicle. The insurer shall pay the reasonable and customary
charges for professional services proved by the towing service
including interest at the rate set forth in IC 34-54-8-5(b)(1) on
unpaid charges for the professional services, beginning on the
thirty-first day after the release of the passenger motor vehicle.
(e) This chapter may not be construed to repeal, modify, or
amend section 14 or 15 of this chapter or IC 32-33-10.
