H. B. 4325
(By Delegates Proudfoot, Swartzmiller, Burdiss,
Hartman, Crosier, Shaver, Varner, Michael,
Stalnaker, Wysong and Perry)
[Introduced January 29, 2008; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend and reenact §24A-2-2a of the Code of West Virginia,
1931, as amended, relating to providing for prior written
authorization for the towing of motor vehicles without the
consent of the owner or operator, and providing for criminal
background checks for drivers of tow vehicles.
Be it enacted by the Legislature of West Virginia:
That §24A-2-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-2a. Regulation of business of towing, hauling or carrying
wrecked or disabled vehicles.
(a) On and after July one, one thousand nine hundred
eighty-two, common carriers by motor vehicles engaged in the
business of towing, hauling or carrying wrecked or disabled
vehicles shall, notwithstanding any other provision of the laws of
the State of West Virginia to the contrary, be regulated by the provisions of this section and this section shall not be applicable
to said carriers until such date.
(b) No common carrier by motor vehicle engaged in the business
of towing, hauling or carrying wrecked or disabled vehicles and
mobile homes shall be required to obtain a common carrier
certificate or other certificate of authority from the commission
prior to engaging in such business, however, such carrier shall not
engage in such business unless and until such carrier shall have
registered as a carrier with the commission in accordance with the
provisions of this section.
(c) A person may not act as a common carrier by motor vehicle
by engaging in the business of towing, hauling or carrying wrecked
or disabled motor vehicles for hire unless that person has
registered as a carrier with the Public Service Commission as
provided in this section; nor, may a person continue to act as a
carrier by engaging in the business of towing, hauling or carrying
wrecked or disabled motor vehicles for hire if his or her
registration is revoked or suspended by the commission. A person
registered as a carrier under the provisions of this section may
not charge, demand, collect or receive a greater remuneration for
the towing, hauling or carrying of any wrecked or disabled motor
vehicle than the rates, fares and charges established by the
provisions of this section.
(d) Provisions which govern nonconsent tows are set forth as follows:
(1) In the case of a motor vehicle to be towed from private
property without the consent of the owner or operator of the
vehicle, the person towing the vehicle must have prior written
authorization from the owner of the private property and such prior
written authorization must have been filed with the Public Service
Commission or the owner of the private property must be present at
the site of the nonconsent tow at the time of the tow.
(2) The operator of a towing vehicle or wrecker vehicle
involved in any tow without the consent of the owner or operator of
the vehicle, be it a private automobile or commercial vehicle, must
have been subjected to a criminal background investigation. If it
is found that the operator has been convicted of a felony, it shall
be reported to the Public Service Commission.
(3) Upon completion of a nonconsent tow, the towing vehicle
operator must contact the local law-enforcement agency upon arrival
at the towing destination, report the private property from the
vehicle which has been towed, the make, model and license number of
the vehicle, and the address and location of the facility where the
vehicle has been towed and is stored.
(4) The tow company shall make arrangements to accept credit
card or debit card payments for the recovery of the vehicle by the
owner of the vehicle if the company has the requisite equipment to
process credit and debit cards.
(5) The tow company may not charge a storage fee for the
initial twenty-four hours of service immediately following the tow.
(e) The commission shall register all carriers as may make
application for registration as a common carrier by motor vehicle
for the purpose of engaging in the business of towing, hauling or
carrying wrecked or disabled motor vehicles for hire upon
satisfactory evidence to the commission that the carrier has
complied with all applicable requirements of this chapter and all
applicable rules and regulations of the commission. The commission
shall by general order, applicable to all carriers registered under
this section, fix, alter and determine just, fair, reasonable and
sufficient maximum statewide or regional schedules of rates, fares
and charges, and it shall establish reasonable classifications of
carriers for which the schedules are applicable, but before the
rates, fares and charges are fixed, altered or determined, the
commission shall hold hearings in order to give all interested
parties an opportunity to be heard, and it shall give reasonable
notice of the hearings in the manner as the commission shall by
rule prescribe. Carriers registered under the provisions of this
section are subject to the regulatory powers of the commission as
provided in section three of this article.
(f) Upon the complaint of any aggrieved party, the commission
may suspend or revoke the registration of any person registered
with the commission under the provisions of this section for the violation of any rule or regulation established by the commission
and applicable to that person or for the violation of any provision
of this article applicable to persons registered under the
provisions of this section: Provided, That for the first
violation, suspension of registration shall be for a period of not
more than thirty days; and, for a second violation the commission
may revoke the registration for a period of one year; and, for a
third violation the commission may revoke the registration
permanently. But before any suspension or revocation is effected,
the person registered under this section shall first be given
reasonable notice of the charges against him or her and shall be
granted an opportunity to be heard by the commission or its
designee in accordance with the rules and regulations for hearings
as may be by rule established by the commission.
NOTE: The purpose of this bill is to provide for prior written
authorization for the towing of motor vehicles without the consent
of the owner or operator, and to provide for criminal background
checks for drivers of tow vehicles.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.