Bill Text: VA SB492 | 2018 | Regular Session | Prefiled
Bill Title: Towing; increases maximum hookup and initial towing fee of any passenger car.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-19 - Governor: Acts of Assembly Chapter text (CHAP0363) [SB492 Detail]
Download: Virginia-2018-SB492-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 as follows:
§46.2-1233. Localities may regulate towing fees.
A. For the purposes of this section:
"Heavy motor vehicle" means a motor vehicle that has a gross vehicle weight rating of at least 10,001 pounds.
"Medium motor vehicle" means a motor vehicle that has a gross vehicle weight rating of at least 7,500 pounds but less than 10,001 pounds.
"Standard motor vehicle" means a motor vehicle that has a gross vehicle weight rating of less than 7,500 pounds.
B. The
governing body of any locality may by ordinance,
and in accordance with §46.2-1233.2, set reasonable limits
on fees charged for the removal of (i) standard
motor vehicles, trailers, and parts thereof, (ii) medium motor
vehicles,
and (iii) heavy motor
vehicles, left on private property in
violation of § 46.2-1215 or 46.2-1231, and for the removal of trespassing vehicles under §46.2-1215,
taking into consideration the fair market value of such removal.
C. Localities
in Planning District 8 shall establish by ordinance (i)
a hookup and initial towing fee of $135 (a) $150
for standard motor vehicles,
trailers, and parts thereof,
(b) $250 for medium motor
vehicles,
and (c) $500 for heavy motor
vehicles
and (ii) for towing a vehicle between seven o'clock
p.m. and eight o'clock a.m. or on any Saturday, Sunday, or holiday, an
additional fee of $25 per instance; however, such ordinance shall also provide
that in no event shall more than two such additional fees 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 $135 $150.
For towing a vehicle between seven o'clock p.m. and eight o'clock a.m. or on
any Saturday, Sunday, or holiday, an additional fee of no more than $25 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 twenty-four 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.
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.
