Bill Text: VA HB421 | 2024 | Regular Session | Prefiled
Bill Title: Commonwealth Trespass Towing Rate-Setting Advisory Panel; established.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Transportation [HB421 Detail]
Download: Virginia-2024-HB421-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§46.2-1233 and 46.2-1233.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 46.2-1233.4 as follows:
§46.2-1233. Localities may regulate towing fees.
The governing body of any locality may by ordinance set reasonable limits on fees charged for the removal of motor vehicles, trailers, and parts thereof left on private property in violation of §46.2-1231, and for the removal of trespassing vehicles under §46.2-1215, taking into consideration the fair market value of such removal. Such fees shall be no less than the maximum charges provided in § 46.2-1233.1.
Localities in Planning District
8 and Planning District 16 shall
establish by ordinance (i) a hookup and initial towing fee of no less than $135
and no more than the maximum charges provided in §46.2-1233.1 and (ii) for
towing a vehicle between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday, or
holiday, an additional fee of no less than $25 and no more than the maximum
charges provided in §46.2-1233.1 per instance; however, when establishing such
ordinance, shall also provide that in no
event shall more than two such
additional fees for towing a vehicle
between 7:00 p.m. and 8:00 a.m. or on any Saturday, Sunday,
or holiday be charged for towing any vehicle.
§46.2-1233.1. Limitation on charges for towing and storage of certain vehicles.
A. Unless different limits are established by ordinance of the
local governing body pursuant to §46.2-1233, as to vehicles towed or removed
from private property, no charges imposed for the towing, storage, and
safekeeping of any passenger car removed, towed, or stored without the consent
of its owner shall be in excess of the maximum charges provided for in this
section. No hookup and initial towing fee of any passenger car shall exceed $150 $190.
For towing a vehicle between 7:00 p.m. and 8:00 a.m. or, an additional fee of
no more than $65 per instance may be charged, and
on any Saturday, Sunday, or holiday, an additional fee of no more than $30
$35 per instance may be charged; however, in no event shall
more than two such fees be charged for towing any such vehicle. No charge shall
be made for storage and safekeeping for a period of 24 hours or less. Except
for fees or charges imposed by this section or a local ordinance adopted
pursuant to §46.2-1233, no other fees or charges shall be imposed during the
first 24-hour period. Such
limitations on fees shall not include any reasonable credit
card fees that may be incurred during payment of such
charges.
B. The governing body of any county, city, or town may by ordinance, with the advice of an advisory board established pursuant to § 46.2-1233.2, (i) provide that no towing and recovery business having custody of a vehicle towed without the consent of its owner impose storage charges for that vehicle for any period during which the owner of the vehicle was prevented from recovering the vehicle because the towing and recovery business was closed and (ii) place limits on the amount of fees charged by towing and recovery operators. Any such ordinance limiting fees shall also provide for periodic review of and timely adjustment of such limitations.
C. (Expires July 1, 2024) In addition to the fees authorized pursuant to this section, towing and recovery operators are authorized to charge a fuel surcharge fee of no more than $20 for each vehicle towed or removed from private property without the consent of its owner. Notwithstanding any other provision of this chapter, no local governing body shall limit or prohibit the fee authorized pursuant to this subsection.
§46.2-1233.4. Commonwealth Trespass Towing Rate-Setting Advisory Panel.
The Commonwealth Trespass Towing Rate-Setting Advisory Panel (the Advisory Panel) is hereby established, which shall consist of the following members: the Secretary of Transportation or his designee, the Chairman of the House Committee on Transportation, the Chairman of the Senate Committee on Transportation, the Commissioner of the Department of Motor Vehicles or his designee, one representative of the State Corporation Commission, one representative of the Office of the Attorney General, one representative of the Virginia Municipal League, one representative of the Virginia Association of Counties, and one representative of each of the towing associations registered with the Secretary of the Commonwealth, chosen by each respective association. They shall not receive a per diem, compensation for their service, or travel expenses.
The Advisory Panel shall elect a chairman from among its towing representative members to serve a term of two years.
The Advisory Panel shall advise the General Assembly and the Governor on statewide trespass towing fees and related ancillary fees. It shall consider any measures that may ensure Virginia's towing industry is properly compensated in comparison to other states' rate structures and the market as a whole. It shall solely consider available data to determine the necessary operating costs of towing operators, including maintaining adequate equipment, employing professional drivers, and any other necessary expenditures that may arise in the course of business. The Advisory Panel shall report any findings and recommendations to the Governor, the Chairman of the House Committee on Transportation, the Chairman of the Senate Committee on Transportation, the Chairman of the House Committee on Appropriations, and the Chairman of the Senate Committee on Finance and Appropriations no later than the first day of each regular session of the General Assembly.
The Advisory Panel shall meet at least one time per year at the call of the chairman. All meetings of the Advisory Panel shall be public meetings and shall provide an opportunity for public comment. The Secretary of Transportation or his designee shall provide staff support for all meetings of the Advisory Panel.
