SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, MICOZZIE, BELFANTI, COHEN, D. COSTA, DEASY, GILLESPIE, JOSEPHS, SABATINA, SIPTROTH, THOMAS, WATERS, HARKINS, KORTZ AND CALTAGIRONE, OCTOBER 16, 2009

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN SENATE, AS AMENDED, SEPTEMBER 21, 2010   

AN ACT

Providing for standards for towing and for violations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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This act shall be known and may be cited as the Towing

Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Tow truck operator."  A person or entity performing towing

in this Commonwealth, including the owner or operator of towing

equipment.

"Towing."  The moving, removing or recovery of a motor

vehicle upon the direction of a police officer or of a damaged

or disabled motor vehicle from public or private property,

including a storage facility, regardless of whether the owner or

vehicle operator consents and for which a fee, not including

dues to a club or association which provides such services, is

charged.

Section 3.  Towing standards.

(a)  Fees.--A tow truck operator shall clearly and

conspicuously disclose its fees for towing, storage and other

related services and its hours of operation, street address and

telephone number on preprinted contracts or written schedules

and shall post its fees and hours of operation at its storage

facility.

(b)  Time of notice.--A tow truck operator shall provide the

information required under subsection (a) to a vehicle owner

prior to towing. If the vehicle owner is not present or is not

able to operate a vehicle when the vehicle is towed, a tow truck

operator shall provide such information upon being contacted by

the owner or at the time the owner or his representative is

presented with a bill for towing.

(c)  Accident or disabled motor vehicle.--A tow truck

operator shall render towing at the scene of a motor vehicle

accident or a disabled motor vehicle only if summoned to the

scene by the owner or operator of the motor vehicle or a police

officer or authorized local or municipal personnel.

(d)  Repair and storage.--As a condition of towing a damaged

or disabled vehicle, a tow truck operator shall not secure the

signature of the owner or operator of the motor vehicle on a

document that includes authorization to repair the vehicle or to

authorize storage of the vehicle for more than 24 hours.

(e)  Release of towed vehicle.--A tow truck operator shall

not refuse during its posted hours of operation to release a

towed motor vehicle upon request from the owner of the vehicle, 

a person authorized by the owner to regain possession, or with

the owner's consent the insurer of the vehicle or a tower or

salvor acting on behalf of such an insurer accompanied by tender

of cash, credit card from a common issuer or a check from an

insurance company or authorized tower or salvor acting on behalf

of the motor vehicle owner or insurance company for towing and

storage charges itemized in writing.

(f)  Notice of vehicle location.--A tow truck operator as

soon as possible, but not to exceed 24 hours of completing a

tow, shall, if known to the tow truck operator, notify the owner

of the vehicle and, if known to the tow truck operator, the

insurer of the vehicle of the address and telephone number of

the location to which the vehicle was taken.

(g)  Access to vehicle.--A tow truck operator shall provide

hours of operation that reasonably allow access to a towed

vehicle and shall grant reasonable access to the towed vehicle

during its posted hours of operation for the purpose of

inspection and retrieval by law enforcement, the owner or a

person authorized by the owner under this or any other act.

(h)  Storage fee prohibited.--A tow truck operator shall not

charge a storage fee for any period during which it has refused

to allow authorized inspection of the vehicle under inspection

rights in 75 Pa.C.S. § 1799.4 (relating to examination of

vehicle repairs) or section 11 of the act of December 29, 1972

(P.L.1713, No.367), known as the Motor Vehicle Physical Damage

Appraiser Act.

Section 4.  Violations.

A violation of this act is also a violation of the act of

December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade

Practices and Consumer Protection Law.

Section 5.  Coordination of laws.

(a)  Local and municipal ordinances.--This act supersedes

local or municipal ordinances only to the extent that those

ordinances permit towing and storage activities or charges that

are in conflict with this act.

(b)  Federal law.--If any portion of this act is preempted or

superseded by Federal law or is declared invalid by any court of

competent jurisdiction, the remainder of this act shall remain

in effect.

Section 6.  Effective date.

This act shall take effect in 60 days.

Section 1.  Short title.

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This act shall be known and may be cited as the Towing and

Towing Storage Facility Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Tow truck operator."  A person performing towing in this

Commonwealth, including the owner or operator of towing

equipment.

"Towing."  The moving, removing or recovery of a motor

vehicle at the scene of a motor vehicle accident, regardless of

whether the vehicle owner or operator consents and for which a

fee, not including dues to a club or association which provides

such services, is charged.

"Towing storage facility."  The location where a motor

vehicle has been towed as a result of a motor vehicle accident

and is securely stored pursuant to an agreement with the tow

truck operator who has towed the vehicle.

Section 3.  Standards for tow truck operators and towing storage

facilities.

(a)  General requisites.--A tow truck operator and, where

applicable, the operator of a towing storage facility, shall:

(1)  maintain a physical street address;

(2)  properly register the tow truck;

(3)  display the name, address and telephone number of

its tow truck business on the tow truck; and

(4)  post the towing fees and the storage and related

service fees and hours of operation at the towing storage

facility.

(b)  Time of notice.--At the scene of an accident, a tow

truck operator shall provide the owner or operator of the

vehicle with a notice containing the name, address and telephone

number for a point of contact to be informed where the vehicle

is to be stored.

(c)  Accident.--A tow truck operator shall undertake towing

at the scene of a motor vehicle accident only if summoned to the

scene by the vehicle owner or vehicle operator, or law

enforcement personnel or authorized municipal personnel, and is

authorized to perform the towing.

(d)  Repair and storage.--As a condition of towing a vehicle

at the scene of an accident and prior to the towing, a tow truck

operator shall not:

(1)  secure the signature of the vehicle owner or vehicle

operator on a document that requires authorization to repair

the vehicle; or

(2)  secure the signature of the vehicle owner or vehicle

operator to authorize storage of the vehicle for more than 24

hours.

(e)  Release of towed vehicle.--Upon a request from the

vehicle owner or a person authorized by the owner to regain

possession, a tow truck operator or operator of a towing storage

facility shall not refuse during the posted hours of operation

to release a towed motor vehicle unless law enforcement has

requested that the vehicle be held. Release shall be conditioned

on the payment for towing, storage and related services. All

charges shall be itemized and in writing. Payment may be made

with cash, credit card from a common issuer or a check from an

insurance company or authorized tower or salvor acting on behalf

of the motor vehicle owner or insurance company.

(f)  Access to vehicle.--A tow truck operator or towing

storage facility shall provide hours of operation that

reasonably allow access to a towed vehicle and shall grant

reasonable access to the towed vehicle during its posted hours

of operation for the purpose of inspection and retrieval by law

enforcement officials or authorized municipal personnel, the

vehicle owner or a person authorized by the owner under this

act.

(g)  Storage fee prohibited.--A tow truck operator or towing

storage facility shall not charge a storage fee for any period

during which it has refused reasonable access during posted

normal business hours as required in subsection (e) or has

refused to allow authorized inspection of the vehicle under

inspection rights in 75 Pa.C.S. § 1799.4 (relating to

examination of vehicle repairs) or section 11 of the act of

December 29, 1972 (P.L.1713, No.367), known as the Motor Vehicle

Physical Damage Appraiser Act.

Section 4.  Violations.

A violation of this act is also a violation of the act of

December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade

Practices and Consumer Protection Law.

Section 5.  Coordination of laws.

(a)  Local and municipal ordinances.--This act supersedes

local or municipal ordinances only to the extent that those

ordinances regulate towing and storage operations that are in

conflict with this act.

(b)  Criminal investigations.--This act shall not supersede

or otherwise cause interference with any Federal or State

criminal investigation or prosecution.

(c)  Federal and State law.--If any portion of this act is

preempted or superseded by Federal or State law or is declared

invalid by any court of competent jurisdiction, the remainder of

this act shall remain in effect.

Section 6.  Effective date.

This act shall take effect in 60 days.