COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 556
(By Senators Love, Edgell, Bailey, Minard, Fanning,
Jenkins, Caruth and Hunter)
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[Originating in the Committee on the Judiciary; reported
February 25, 2008.]
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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.