PRINTER'S NO. 4225
No. 3051 Session of 1992
INTRODUCED BY ULIANA, CESSAR, TOMLINSON, TRELLO, DeLUCA,
E. Z. TAYLOR, SAURMAN, GODSHALL, PETRONE AND GERLACH,
NOVEMBER 18, 1992
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 18, 1992
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the operation and regulation of the
3 tow truck industry; and making a repeal.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3353(c) of Title 75 of the Pennsylvania
7 Consolidated Statutes is repealed.
8 Section 2. Chapter 33 of Title 75 is amended by adding a
9 subchapter to read:
10 CHAPTER 33
11 RULES OF THE ROAD IN GENERAL
12 * * *
13 SUBCHAPTER G
14 VEHICLES WRONGFULLY PARKED OR ABANDONED
15 ON PRIVATE PROPERTY
16 Sec.
17 3371. Towing authorized.
18 3372. Duties of tow operator; rebates prohibited.
1 3373. Notice by posting of signs required.
2 3374. Filing of towing rates and contracts.
3 3375. Towing at direction of property owner.
4 3376. Vehicle break-in allowed.
5 3377. Release upon demand and payment of charges.
6 3378. Improper removal.
7 3379. Lien in favor of towing firm.
8 3380. Sale and disposal of unclaimed vehicles.
9 3381. Local ordinances.
10 3382. Immunity provision.
11 § 3371. Towing authorized.
12 The owner or lessee of privately owned real property, or any
13 person authorized by the owner or lessee, may cause any motor
14 vehicle parked or abandoned on such property without permission
15 to be removed by a person or firm properly licensed under
16 Subchapter B of Chapter 74 (relating to tow truck industry
17 advisory board and industry division). This section shall not
18 apply to law enforcement, firefighting, rescue squad, emergency
19 vehicles or ambulances which are marked as such or to property
20 owned or leased by any governmental entity.
21 § 3372. Duties of tow operator; rebates prohibited.
22 (a) Conditions and restrictions.--The towing or removal of
23 any vehicle from private property without consent of the
24 registered owner or other legally authorized person in control
25 of the vehicle is subject to the following conditions and
26 restrictions:
27 (1) Any towed or removed vehicle must be stored at the
28 site of the towing company's business in an enclosed and
29 secured storage lot. The site must be open during the hours
30 of 8:00 a.m. to 5:00 p.m. for the purpose of vehicle
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1 redemption.
2 (2) The person or firm towing or removing the vehicle
3 shall, within 30 minutes of completion of the towing or
4 removal, notify the municipal police department, or, in a
5 municipality not having a police department, the sheriff
6 having jurisdiction in the municipality, of the towing or
7 removal, the storage site and time of the removal and the
8 make, model, color and license plate number of the vehicle.
9 (3) If the registered owner or person in control of the
10 vehicle arrives at the scene of the towing prior to removal
11 or towing of the vehicle, the vehicle shall be disconnected
12 from the towing or removing apparatus, and that person shall
13 be allowed to recover and remove the vehicle without
14 interference upon the payment of a reasonable service fee of
15 not more than one-half of the posted rate of the towing
16 service as provided in section 3374 (relating to filing of
17 towing rates and contracts), for which a receipt shall be
18 given, unless the person refuses to remove the vehicle which
19 is otherwise unlawfully parked.
20 (b) Rebates prohibited.--It shall be unlawful for any person
21 who tows vehicles to make a rebate or payment of money or give
22 any other valuable consideration to the owners or operators of
23 the premises from which a vehicle is towed or removed for the
24 privilege of removing or towing the vehicle.
25 (c) Penalty.--A person who violates the provisions of
26 subsection (b) commits a misdemeanor of the third degree.
27 § 3373. Notice by posting of signs required.
28 (a) Signs.--Except for property appurtenant to and obviously
29 a part of a single-family residence and except for instances
30 where notice is personally given to the owner or other person in
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1 control of the vehicle that the area in which that vehicle is
2 parked is reserved or otherwise unavailable for unauthorized
3 vehicles and subject to being removed at the owner's or
4 operator's expense, any property owner or lessee, or person
5 authorized by the property owner or lessee, prior to towing or
6 removing any vehicle from private property without consent of
7 the owner or other legally authorized person in control of that
8 vehicle, must post a notice meeting the following requirements:
9 (1) The notice must be prominently placed at each
10 driveway access or curb cut allowing vehicular access to the
11 property within five feet from the public right-of-way line.
12 If there are no curbs or access barriers, not less than one
13 sign for each 25 feet of lot frontage must be posted.
14 (2) The notice must indicate clearly, in not less than
15 two-inch-high light-reflective letters on a contrasting
16 background, that unauthorized vehicles will be towed away at
17 the owner's expense. The words "TOW AWAY ZONE" must be
18 included on the sign in not less than two-inch letters.
19 (3) The notice must also provide the name and current
20 telephone number of the person or firm authorized to tow the
21 vehicle or the name and phone number of the property owner,
22 lessee or agent in control of the property.
23 (4) The sign structure containing the required notices
24 must be permanently installed with the bottom of the sign not
25 less than four feet above ground level and must be
26 continuously maintained on the property for not less than 24
27 hours prior to the towing or removal of any vehicle.
28 (b) Exception.--For a violation under section 3353 (relating
29 to prohibitions in specified places) or 3354 (relating to
30 additional parking regulations) the sign posting under paragraph
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1 (a)(2) is not required.
2 (c) Inspection of signs.--Any municipality may require
3 permitting and inspection of these signs prior to any towing or
4 removal of vehicles within the municipality.
5 § 3374. Filing of towing rates and contracts.
6 Any person or firm that tows or removes vehicles and proposes
7 to require the owner, operator or person in lawful possession of
8 the vehicle to pay the costs of towing and storage prior to
9 redemption of the vehicle shall:
10 (1) File and keep on record with the applicable local
11 law enforcement agency:
12 (i) a complete copy of the current rates to be
13 charged for such services; and
14 (ii) a list of locations from which the person or
15 firm tows vehicles in accordance with written contracts
16 under paragraph (2).
17 (2) Maintain at their place of business any written
18 contracts with property owners, lessors or persons in control
19 of property which authorizes them to remove vehicles as
20 provided in this subchapter and shall make these contracts
21 available to vehicle owners upon request.
22 § 3375. Towing at direction of property owner.
23 No vehicle may be towed from private property except upon
24 express instruction of the owner or person in charge of the
25 private property. The instruction for removal shall not be given
26 in advance of the trespass or by standing or general
27 authorization.
28 § 3376. Vehicle break-in allowed.
29 Vehicle entry or break-in for the purpose of removal shall be
30 allowed with reasonable care on the part of the person or firm
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1 towing the vehicle, and the entry shall not constitute a crime
2 on the part of the person towing or removing the vehicle.
3 § 3377. Release upon demand and payment of charges.
4 When a vehicle has been towed or removed pursuant to this
5 subchapter, it must be released to its owner or person in lawful
6 possession, upon demand, provided that the vehicle owner pays
7 all accrued towing and storage charges consistent with section
8 3374 (relating to filing of towing rates and contracts) and that
9 such demand is made between the hours of 8:00 a.m. and 5:00 p.m.
10 Any vehicle owner or person in lawful possession shall have the
11 right to inspect the vehicle before accepting its return, and no
12 release or waiver of any kind which would release the person or
13 firm towing the vehicle from liability for damages may be
14 required from any vehicle owner or person in lawful possession
15 as a condition of release of the vehicle. A receipt showing the
16 name of the company or person towing or removing the vehicle and
17 an itemization of charges shall be provided to the person paying
18 towing or storage charges, or both, at the time of payment.
19 § 3378. Improper removal.
20 Whenever a person improperly causes a motor vehicle to be
21 removed, the person shall be liable to the owner or person in
22 lawful possession of the vehicle for the cost of removal,
23 transportation or storage of the vehicle and attorney fees and
24 court costs, if applicable.
25 § 3379. Lien in favor of towing firm.
26 A person regularly engaged in the business of transporting
27 vehicles by tow truck and licensed pursuant to Subchapter B of
28 Chapter 74 (relating to tow truck industry advisory board and
29 industry division) and storing them in an impoundment lot shall
30 have a lien on the vehicle and the contents thereof for services
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1 performed in compliance with this subchapter.
2 § 3380. Sale and disposal of unclaimed vehicles.
3 The disposal of any vehicle in possession of the towing-
4 storage company and not claimed within 30 days after possession
5 may be effectuated by compliance with Chapter 73 (relating to
6 abandoned vehicles and cargos).
7 § 3381. Local ordinances.
8 Nothing in this subchapter shall prohibit any municipality
9 from adopting and enforcing local ordinances or regulations to
10 supervise and regulate removal of trespassing vehicles from
11 private property. The requirements of this subchapter shall be
12 the minimum standards and shall not preclude enactment of
13 additional regulations by any municipality, including the
14 regulation of compensatory fees for towing and storage.
15 § 3382. Immunity provision.
16 No law enforcement officer or agent or employee of the
17 department acting under this subchapter and no one who tows or
18 stores a vehicle as a result of being directed to do so shall be
19 liable to criminal prosecution arising from such action. No law
20 enforcement officer or agent or employee of the department shall
21 be liable to any person for the injury, loss or destruction of
22 any real or personal property which occurs in the course of the
23 removal or storage of any vehicle taken into custody under this
24 subchapter.
25 Section 3. Title 75 is amended by adding a chapter to read:
26 CHAPTER 74
27 TOW TRUCK INDUSTRY
28 Subchapter
29 A. General Provisions
30 B. Tow Truck Industry Advisory Board and Industry Division
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1 SUBCHAPTER A
2 GENERAL PROVISIONS
3 Sec.
4 7401. Short title of chapter.
5 7402. Definitions.
6 7403. Rules and regulations.
7 § 7401. Short title of chapter.
8 This chapter shall be known and may be cited as the Tow Truck
9 Industry Act.
10 § 7402. Definitions.
11 The following words and phrases when used in this subchapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The Tow Truck Industry Advisory Board in the
15 Department of Transportation.
16 "Division." The Tow Truck Industry Division in the Bureau of
17 Motor Vehicles.
18 § 7403. Rules and regulations.
19 The Department of Transportation may promulgate rules and
20 regulations to administer and enforce this chapter.
21 SUBCHAPTER B
22 TOW TRUCK INDUSTRY ADVISORY BOARD
23 AND INDUSTRY DIVISION
24 Sec.
25 7421. Tow Truck Industry Division.
26 7422. License required.
27 7423. Qualifications for licensure.
28 7424. Issuance of license.
29 7425. Insurance.
30 7426. Fees.
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1 7427. Tow Truck Industry Advisory Board.
2 7428. Preemption of local license.
3 7429. Approval of regulations.
4 § 7421. Tow Truck Industry Division.
5 (a) Establishment of division.--There is hereby established
6 in the Bureau of Motor Vehicles the Tow Truck Industry Division.
7 (b) Powers and duties of division.--The division shall have
8 the power and its duty shall be to:
9 (1) Issue and administer licenses to operate towing,
10 automotive recovery and storage services.
11 (2) Provide administrative services to the board.
12 § 7422. License required.
13 It shall be unlawful for any person to operate a towing,
14 automotive recovery or storage business unless such person is
15 licensed by the division.
16 § 7423. Qualifications for licensure.
17 The division may not issue a license to any person to operate
18 a towing, automotive recovery or storage business unless the
19 person makes an application on a form provided by the division,
20 submits the applicable fees and submits proof satisfactory to
21 the division of:
22 (1) The names, addresses and telephone numbers of every
23 person having a financial interest in the applicant's
24 business.
25 (2) The applicant's full name and address and the
26 location, including street and number, if any, and telephone
27 number of the applicant's place of business.
28 (3) Proof of insurance as required by this subchapter.
29 (4) List of trucks owned or operated, or both, by the
30 applicant by make, model and vehicle identification number.
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1 § 7424. Issuance of license.
2 (a) General rule.--The division shall issue a license to
3 operate a towing, automotive recovery or storage business to
4 each applicant who meets the licensing requirements of this
5 subchapter.
6 (b) License form.--A license shall be in the form of a
7 numerically identified sticker or decal which shall be displayed
8 in a conspicuous location at the licensee's place of business.
9 (c) Prior vehicle theft conviction.--A license shall not be
10 issued to any person convicted of motor vehicle theft within the
11 previous three years.
12 § 7425. Insurance.
13 (a) Coverage.--The licensee shall have on file at all times
14 with the division certificates or policies of insurance issued
15 by an insurance company licensed to do business in this
16 Commonwealth. The insurance policy shall provide that coverage
17 may not be canceled without at least 21 days' prior notice to
18 the division.
19 (b) Amount of coverage.--The minimum insurance coverage
20 shall be as follows:
21 (1) Incident - $300,000 per occurrence.
22 (2) Total occurrence - $750,000.
23 (3) Garage keeper's legal - $25,000 minimum.
24 § 7426. Fees.
25 (a) License fee.--Except for the year in which this
26 subchapter takes effect, the applicant shall pay an annual fee
27 of $100. The license renewal shall be on July 1 of each year. In
28 the first year in which this subchapter takes effect, the annual
29 licensure fee shall be prorated at the rate of $9 a month for
30 each month from the date of application until the succeeding
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1 July 1.
2 (b) Sticker fee.--The applicant shall pay a fee of $5 for a
3 sticker for each tow truck used in its business. The sticker
4 shall be displayed on the hood of each truck.
5 § 7427. Tow Truck Industry Advisory Board.
6 (a) Establishment.--There is hereby established in the
7 Department of Transportation the Towing Truck Industry Advisory
8 Board. The board shall be a departmental administrative board.
9 (b) Composition.--The board shall consist of 12 members as
10 follows:
11 (1) The Secretary of Transportation shall appoint two
12 members.
13 (2) The Attorney General shall appoint one member.
14 (3) The Chairman of the Senate Transportation Committee
15 and the Minority Chairman of the Senate Transportation
16 Committee shall each appoint one member.
17 (4) The Chairman of the House of Representatives
18 Transportation Committee and the Minority Chairman of the
19 House of Representatives Transportation Committee shall each
20 appoint one member.
21 (5) The Governor shall appoint three members from a list
22 of not fewer than six persons submitted by the president of
23 the Pennsylvania Towing Association representing the industry
24 and shall appoint two members from members of the public not
25 affiliated with government or the industry.
26 (c) Terms of office.--The terms of office shall be as
27 follows:
28 (1) Members from State government shall serve at the
29 will and pleasure of the person appointing them.
30 (2) Members from industry shall serve for terms of three
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1 years. Of the members initially appointed, one shall serve
2 for a term of one year, one shall serve for a term of two
3 years and one shall serve for a term of three years.
4 (3) Members of the public shall serve for terms of two
5 years. Of the members initially appointed, one shall serve
6 for a term of one year and one shall serve for a term of two
7 years.
8 (d) Compensation.--Members of the board shall serve without
9 compensation. Members of the board, other than members from
10 State government, shall receive a per diem allowance of $30 for
11 each day engaged in conducting the business of the board and a
12 mileage allowance in accordance with department comptroller's
13 requirements for each mile traveled to and from meetings.
14 (e) Chairman.--The board shall elect a chairman from among
15 its members.
16 (f) Rules and regulations.--The board shall adopt rules and
17 regulations to conduct its meetings.
18 (g) Public meetings.--The board shall hold public meetings
19 in regions of this Commonwealth not less than twice annually.
20 (h) Annual report.--The board shall report, at least
21 annually, to the General Assembly any recommendations for
22 legislation or rules and regulations for State agencies in the
23 regulation of activities relating to the tow truck industry.
24 § 7428. Preemption of local license.
25 The licensing requirements of this subchapter shall supersede
26 all licensing requirements of municipalities, including
27 counties, pertaining to persons who have a valid license issued
28 by the bureau.
29 § 7429. Approval of regulations.
30 (a) Adoption of regulations.--No State or local agency shall
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1 promulgate any rules or regulations pertaining to the tow truck
2 industry unless the regulations are approved by the division.
3 (b) Requests for approval.--The division shall reply within
4 30 days to any request by a State or local agency to adopt rules
5 and regulations.
6 Section 4. This act shall take effect in 180 days.
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