SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
SB556 SUB2 Senate Bill 556 History

OTHER VERSIONS  -  Introduced Version  |  Committee Substitute (1)  |  SB556 SUB 1  |     |  Email
Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 556

(By Senators Love, Edgell, Bailey, Minard, Fanning,

Jenkins, Caruth and Hunter)

____________

[Originating in the Committee on the Judiciary; reported

February 25, 2008.]

____________


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24A-2A-1, §24A-2A-2, §24A-2A-3 and §24A-2A-4, all relating to the disposition of unlawfully parked vehicles by common carriers engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and mobile homes; defining certain terms; providing for prior written authorization for the towing of motor vehicles without the consent of the owner or operator; providing for criminal background checks for operators of towing vehicles; providing the local law-enforcement agency with information regarding a vehicle that has been towed and stored; establishing procedures for redeeming a towed motor vehicle and the personal property in the towed motor vehicle; and directing the Public Service Commission to conduct a study of statutory law regarding the towing of vehicles and to provide findings and recommendations to the Legislature.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §24A-2A-1, §24A-2A-2, §24A-2A-3 and §24A-2A-4, all to read as follows:
ARTICLE 2A. Disposition of towed vehicles by common carriers engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and mobile homes.

§24A-2A-1. Definitions.
For the purposes of this article, the words or terms defined in this section, and any variation of those words or terms required by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly appears from the context.
(1) "Nonconsent tow" means the tow of a motor vehicle by a wrecker vehicle if that tow is requested by anyone other than the owner or operator of the motor vehicle. (2) "Towing service" means an authorized wrecker company that transports motor vehicles by wrecker vehicle for hire.
§24A-2A-2. Regulation of business of towing, hauling or carrying wrecked or disabled vehicles.

(a) A nonconsent tow of a motor vehicle from private property may not be performed unless the owner, lessee or authorized agent of the owner or lessee is present or the tow company has a prior written contract with the owner with regard to the private property. A copy of the written request for nonconsent towing must have been filed by the wrecker company with the Public Service Commission prior to performing a nonconsent tow. Towers who have an exclusive contract with a private property owner must print on the towing zone sign the name and phone number of the towing company: Provided, That the provisions of this subsection do not apply to the repossession of a motor vehicle that is collateral securing an obligation payable to a financial institution.
(b) As a condition of initial employment of a person as an operator of a towing vehicle or wrecker vehicle, a wrecker company shall require a criminal records investigation of the applicant. Applicants are required to disclose criminal history information as a part of the application process. If it is found that the applicant has been convicted of a felony involving the larceny of property or which required the person to register as a sex offender, it shall be reported to the Public Service Commission. In cases where employment may have been initiated prior to the enactment of this statutory requirement for a criminal records investigation, the Public Service Commission may conduct such criminal background investigations as it deems necessary to determine the employee's suitability for continued employment.
(c) Upon completion of a nonconsent tow, the towing vehicle operator must contact the local law-enforcement agency upon arrival at the towing destination, report what private property has been removed from the vehicle which has been towed, the make, model and license number of the vehicle
and the address and location of the facility to which the vehicle has been towed and is stored.
(d) The tow company shall accept cash, credit cards, debit cards or money orders as payment for the recovery of the vehicle by the owner of the vehicle.
(e) If the tow company charges a storage fee, it shall only charge a pro-rated fee for the initial twenty-four hours of service immediately following the tow.
§24A-2A-3. Redeeming a motor vehicle.
(a) A tower shall permit the owner or operator of a motor vehicle that the tower has towed to:
(1) Redeem the motor vehicle:
(A) Immediately between 8 a.m. and 6 p.m., Monday through Friday, except legal holidays; and
(B) At all other hours, within thirty minutes after asking the tower to release the motor vehicle;
(2) Contact the tower at any time to receive information about the location of the motor vehicle and instructions for obtaining release of the motor vehicle; and
(3) Obtain all personal property in the motor vehicle within twenty-four hours after asking the tower to release the personal property, without redeeming the motor vehicle.
(b) A tower shall not require, as a condition of towing a motor vehicle or releasing a motor vehicle or personal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to dispute:
(1) The reason for the tow;
(2) The validity or amount of charges; or
(3) The responsibility of the tower for the condition of the motor vehicle or personal property in the motor vehicle.
(c) A tower shall not hold a towed motor vehicle, including the personal property inside the vehicle, in an unsafe manner.
§24A-2A-4. Public Service Commission to conduct study of statutory law and recommend legislation.

(a) The Public Service Commission is hereby directed to conduct a study of the body of statutory law of sister states that has been enacted with the goal of prohibiting the predatory towing of motor vehicles without the consent of the owners or operators of such vehicles.
Such study should identify and define actions taken by predatory towing services as a means to extract large monetary charges from the owners of vehicles that have been towed without the consent of the owners or operators. The commission shall recommend to the Legislature a proposed list of prohibited acts which should be made applicable to any wrecker company or any other person who undertakes, under a certificate of convenience and necessity, to transport motor vehicles by wrecker vehicle for hire in this state.
The commission shall recommend information required to be disclosed to the owner or operator of a motor vehicle that has been towed and impounded.
The commission shall recommend proposed legislation that will assist members of the public in expediting the recovery of any impounded motor vehicle and any personal property located in that vehicle.
The commission shall address the issue of when and where warning signs should be required that prohibit or restrict leaving or parking a motor vehicle in a parking facility.
The Commission shall recommend procedures that would be applicable to towing a motor vehicle from a parking facility or private property and placing it in storage and would identify the rights and obligations of the towing company and the owner of the vehicle.
(b) The findings and recommendations of the Public Service Commission as provided for in subsection (a) of this section shall be filed with the respective Clerks of the Senate and the House of Delegates on or before the first day of November two thousand eight.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print