Bill Text: PA HB1762 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for the establishment of standards for emergency towing and for towing rotation lists.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-23 - Laid on the table [HB1762 Detail]

Download: Pennsylvania-2011-HB1762-Introduced.html

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PRINTER'S NO. 2256
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1762 Session of2011
INTRODUCED BY BARRAR, JUNE 29, 2011
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, JUNE 29, 2011
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, providing for the establishment of standards for
emergency towing and for towing rotation lists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3352.1. Emergency towing and towing rotation lists.
(a) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Accident scene." A scene in which a motor vehicle has
collided with another motor vehicle or object, thus rendering
the vehicle or vehicles disabled.
"Authority." A person required to maintain and implement a
rotation list of towing companies within its jurisdiction, which
shall include an individual barracks of the Pennsylvania State
Police, municipal police and a parking authority.
"Disabled vehicle." A motor vehicle which has been damaged
or rendered inoperative as the result of wear and tear,
mechanical failure or accident.
"Emergency." An accident scene that is dire and impedes the
flow of traffic.
"Failure to respond." The failure of a towing company to
answer its 24-hour telephone contact number when called by an
authority, unless the towing company has provided an authority
with prior notice of its inability to receive a call.
"Rotation list." A fair, balanced and equitable list of all
towing companies within an authority's jurisdiction that have
applied to an authority as provided for in subsection (b).
"Satellite station." A facility operated by a towing company
that is in addition to its primary facility, in the same
location as the primary facility or in another location.
"Towing." The moving, removing or recovery of a motor
vehicle or other debris at an accident scene, the scene of a
disabled vehicle or the scene of an emergency.
"Towing company." Any person offering towing services that
is located within this Commonwealth.
"Towing storage facility." The location where a motor
vehicle has been towed and is securely stored pursuant to an
agreement with the towing company that has towed the vehicle.
"Wrecker." A motor vehicle designed or constructed and used
for the towing of abandoned or disabled vehicles.
(b) Establishment of rotation lists.--
(1) All authorities within this Commonwealth which
contain two or more towing companies in their jurisdiction
shall establish and maintain a rotation list of the towing
companies in their respective jurisdictions to contact when
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requiring towing services. A municipality which establishes
and maintains a formal contract with a towing company
pertaining to the provision of towing services shall be
exempt from establishing and maintaining a rotation list.
(2) When establishing a rotation list, an authority
shall receive and review applications from towing companies
throughout its jurisdiction. An authority may only allow
those towing companies who apply, and who meet and comply
with the standards of this section, to be placed on a
rotation list.
(c) Rotation list standards.--
(1) Any towing company wishing to be placed on a
rotation list must adhere to the following minimum
requirements:
(i) Be registered by the department as a
miscellaneous motor vehicle business as required by
section 1337 (relating to use of "miscellaneous motor
vehicle business" registration plates).
(ii) Be regularly open for the conduct of business,
receiving of payments and the release of vehicles a
minimum of 40 hours per week, and shall be open regularly
Monday through Friday between 7 a.m. and 5 p.m.
(iii) Be available and capable to offer towing
services to an authority 24 hours per day, seven days per
week.
(iv) Maintain a license to collect sales tax.
(v) Carry the types and amounts of insurance to be
determined and required through regulations of the
department.
(vi) Vehicles and wreckers used by a towing company
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for the purpose of a rotation list shall:
(A) Be properly titled and registered with the
department.
(B) Have the business name of the towing company
listed on both sides of the vehicles or wreckers, as
required by section 4573 (relating to identification
of certain vehicles).
(C) Be equipped with one or more flashing or
revolving yellow lights, as required by section
4572(b) (relating to visual signals on authorized
vehicles).
(D) Be maintained in safe mechanical condition,
and must display current State inspection and
registration.
(vii) Provide an authority maintaining a rotation
list with:
(A) A general listing of prices or a fee
schedule for towing and storage services provided.
This fee schedule shall be up-to-date, and when a
towing company alters the prices on its fee schedule
it shall notify and document the changes to an
authority within seven business days.
(B) The name and address of the towing company.
(C) A telephone number at which an authority may
contact the towing company at 24 hours per day, seven
days per week.
(D) Proof of insurance as required in
subparagraph (v).
(E) A complete description of the vehicles and
wreckers operated by the towing company to be used
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for rotation list towing purposes, including:
(I) Make.
(II) Model.
(III) Year.
(IV) License plate number.
(V) Identification number.
(VI) Engine horsepower.
(VII) Hoist equipment and towing weight
capacity.
(viii) Provide the following information to the
owner or operator of a vehicle being towed, if the owner
or operator is present and capable of receiving that
information, otherwise to the owner by first class mail:
(A) The towing company's business name.
(B) The towing company's business telephone
number.
(C) The towing company's business and storage
facility address and hours of operation.
(D) The towing company's estimated price for
towing, storage and related fees that the towing
company will be providing to the owner or operator.
(E) The exact location where the vehicle shall
be towed, including business name, contact number and
address.
(ix) Maintain a secure area, in compliance with
Pennsylvania State Police guidelines, that is capable of
being locked and that is enclosed on all sides by a
barrier not less than six feet in height for the safe
storage of motor vehicles and other items that may be
necessary to store when providing towing services.
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(x) Post its towing, storage and related service
fees as well as its hours of operation at its towing
storage facility and at its business office. The
department shall determine, through regulation, the size,
type and placement of the positioning of this notice.
(xi) Unless otherwise notified by an authority,
allow the owner of a vehicle, an insurance company,
agency, broker or agent representing the vehicle owner,
physical access to his vehicle during posted hours of
operation.
(xii) The owner of a vehicle that has been towed and
stored in a towing storage facility shall have the right
to access and remove necessities from his vehicle, unless
an authority otherwise forbids this right.
(xiii) During posted hours of operation, not refuse,
unless prohibited by an authority, to release a towed
vehicle when the owner of the vehicle, or an authorized
representative of the owner, has made payment in full for
all towing, storage and related service fees assessed on
his vehicle. Payment may be made by cash, a credit card
from a common issuer or a check. A towing company shall
itemize and put into writing all assessed fees and
notification of release, which shall be provided to a
vehicle owner or an authorized representative of the
vehicle owner upon making payment.
(xiv) No towing company may respond to an accident
scene, the scene of a disabled vehicle or the scene of an
emergency without first being contacted by an authority,
a private person owning space on which a disabled vehicle
is located or the owner or operator of a disabled
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vehicle.
(2) An authority may establish additional standards to
those established in this subsection for a towing company to
meet and comply with in order to be placed on a rotation
list. These additional standards shall:
(i) Not supersede or negate the standards
established in this subsection and may only work in
conjunction with these standards.
(ii) Take into consideration the local circumstances
and local geography of an authority's jurisdiction and
must always work in the best interest of the towing
industry and the consumer.
(d) Unauthorized gratuity, compensation or reward.--No
towing company or authority shall provide or receive a gratuity,
compensation or reward of any kind for placement or preferential
treatment on a rotation list or for towing services incurred
through a rotation list.
(e) Maintenance of rotation lists.--
(1) All authorities within this Commonwealth, who are
required to do so, shall maintain a fair, balanced and
equitable rotation list of the towing companies within their
jurisdiction.
(2) Authorities maintaining a rotation list shall
establish the list by first cataloging all towing companies,
who have applied and been confirmed by the authority as a
responsible towing company that complies with the standards
of this section.
(3) Rotation lists shall include the name, local
dispatch address and 24-hour telephone contact number of each
towing company.
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(4) When a towing company is added to an existing
rotation list it shall be placed at the bottom of the
rotation list.
(5) A towing company which operates from multiple
locations may apply for placement slots, in addition to its
primary facility, on a rotation list for its satellite
stations. A towing company shall submit a separate
application for each satellite station wishing to receive
placement on a rotation list. Satellite stations shall meet
and comply with the standards of this section in order to
receive placement on a rotation list.
(f) Implementation of rotation lists.--
(1) An authority, when requiring towing services, shall
implement its rotation list by contacting the towing company
at the top of its rotation list.
(2) If the towing company at the top of a rotation list
fails to answer its 24-hour telephone contact number or fails
to arrive at the scene of a call within a timely manner it
shall be moved to the bottom of the rotation list and the
next towing company on the rotation list shall move to the
top of the list to be contacted.
(3) Upon being contacted by an authority, a towing
company shall, in a timely manner, dispatch one of its
registered wreckers to proceed to the location where its
services are required.
(4) If a towing company is contacted and all of its
registered wreckers are in use, the towing company may send
an available wrecker from a satellite station to the accident
scene, unless the wrecker from the satellite station cannot
arrive in a timely manner, the wrecker does not possess the
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appropriate equipment for the accident scene or the accident
scene requires a hasty removal of vehicles and debris.
(5) Upon arrival at an accident scene, a towing company
shall comply with the needs of the authority, owner or
operator which contacted it.
(6) After a towing company completes its requirements,
an authority shall revise its rotation list by moving the
towing company to the bottom of the rotation list, thereby
moving all other towing companies one place closer to the top
of the list.
(g) Owner's right.--The owner of a vehicle that is being
towed maintains the right, unless incapable of doing so or
unless an authority prohibits, to dictate the location where his
vehicle shall be towed.
(h) Exceptions to a rotation list.--
(1) When the owner or operator of a disabled vehicle
selects a qualified towing company to remove his vehicle, the
rotation list shall not be implemented or affected.
(2) If an emergency exists, an authority may ignore the
preference of a vehicle owner or operator and may deviate
from the implementation of a rotation list. In so doing, the
authority shall then contact the towing company:
(i) That is located in the closest proximity to the
accident scene.
(ii) That is able to respond to the emergency in the
fastest manner.
(iii) That possesses the appropriate equipment for
the emergency.
(3) When an authority ignores the preference of a
vehicle owner or operator, the authority must first inform
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the vehicle owner or operator that it is doing so.
(i) Removal from rotation lists.--
(1) An authority shall provide the towing company with a
written list of causes for which the towing company may be
removed from the rotation list.
(2) An authority may remove a towing company from a
rotation list for just cause. Just cause includes, but is not
limited to:
(i) Falsifying information on its application.
(ii) Failing to meet or to comply with any of the
standards under this section.
(iii) Conviction of a violation of Federal or State
law which is graded a misdemeanor or greater by a towing
company or principal thereof.
(iv) Failure to respond or failure to respond in a
timely manner on three or more occasions within a 30-day
period. The failure of a towing company to respond to a
call when all of its vehicles and wreckers are in use is
not a violation of this subsection.
(3) Removal of a towing company from a rotation list
shall be for the following durations when violations of this
subsection occur within the span of 12 consecutive months:
(i) Two weeks for the first violation.
(ii) One month for the second violation.
(iii) Six months for the third violation.
(iv) One year for the fourth violation.
(v) Permanent removal from a rotation list for five
or more violations within the span of 12 consecutive
months.
(4) An authority maintaining a rotation list shall
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notify in writing, not less than 14 days prior to the
removal, any towing company being removed from a rotation
list of the removal, the exact cause or causes for the
removal and the duration of time for which the removal shall
be in effect.
(5) A towing company may appeal an authority's decision
to remove the towing company from a rotation list to the
magisterial district judge where the towing company's primary
facility is situated. The appeal shall constitute a de novo
hearing in accordance with Pennsylvania's Rules of Civil
Procedure.
(j) Publication of logs and lists.--All rotation lists,
records of towing rotation lists, rotation list applications,
formal contracts with towing companies, towing logs or other
related documents and information that are maintained by an
authority are public records and, as such, are openly available
to towing companies and any other persons submitting requests
for such information under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
(k) Towing immunity.--
(1) A towing company, when contracted by an authority
through a rotation list for emergency purposes, shall be
considered an employee of the Commonwealth as defined in 42
Pa.C.S. § 8501 (relating to definitions). This status shall
only apply while a towing company provides emergency towing
services.
(2) A towing company, when contracted by an authority
through a rotation list for emergency purposes, shall be
granted governmental immunity as a Commonwealth employee, as
is established in 42 Pa.C.S. Ch. 85 Subch. C (relating to
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actions against local parties). This immunity shall only
apply to activities a towing company encounters while
providing emergency towing services.
(3) A towing company, when contracted by an authority
through a rotation list for emergency purposes, shall be
granted immunity from civil liability as established for
emergency personnel working for the Commonwealth in 35
Pa.C.S. § 7704 (relating to immunity from civil liability).
This immunity shall:
(i) Only apply to activities the towing company
encounters while providing emergency towing services.
(ii) Only extend to lawful activities performed by a
towing company and those activities of ordinary
negligence.
(iii) Not protect from gross negligence, willful or
wanton misconduct or knowing misconduct.
Section 2. This act shall take effect in 60 days.
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