SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MICOZZIE, DeLUCA, GODSHALL, KILLION, BARBIN, FABRIZIO, KOTIK, MATZIE, PASHINSKI, M. SMITH, D. COSTA, BISHOP, BRENNAN, V. BROWN, BROWNLEE, CALTAGIRONE, CARROLL, COHEN, P. COSTA, CURRY, DEASY, DERMODY, DeWEESE, EVERETT, FRANKEL, GERGELY, HANNA, HARHAI, HORNAMAN, KAVULICH, KORTZ, KULA, MAHONEY, MALONEY, MARKOSEK, McGEEHAN, MILNE, MIRABITO, M. O'BRIEN, PRESTON, READSHAW, K. SMITH, STURLA, WATERS, WHEATLEY, WILLIAMS, HEFFLEY AND MUNDY, OCTOBER 20, 2011

AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 26, 2012   

AN ACT

Providing for standards for towing and for violations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Towing and

Towing Storage Facility Standards Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Tow truck operator."  A person performing towing in this

Commonwealth, including the owner or operator of towing

equipment.

"Towing."  The moving, removing or recovery of a motor

vehicle at the scene of a motor vehicle accident, regardless of

whether the vehicle owner or operator consents to the moving,

<--

removal or recovery of a motor vehicle and for which a fee, not

including dues to a club or association which provides such

services, is charged.

"Towing storage facility."  The location where a motor

vehicle has been towed as a result of a motor vehicle accident

and is securely stored pursuant to an agreement with the tow

truck operator who has towed the vehicle.

Section 3.  Standards for tow truck operators and towing storage

facilities.

(a)  General requisites.--A tow truck operator and, where

applicable, the operator of a towing storage facility, shall:

(1)  maintain a physical street address;

(2)  properly register the tow truck with the Department

<--

of Transportation;

(3)  display the name, address and telephone number of

its tow truck business on the tow truck; and

(4)  post the towing fees and the storage and related

service fees and hours of operation at the towing storage

facility.

(b)  Time of notice.--At the scene of an accident, a tow

truck operator shall provide the owner or operator of the

vehicle if the owner or operator is at the scene with a notice

<--

containing the name, address and telephone number for a point of

contact to be informed where the vehicle is to be stored.

(c)  Accident.--

<--

(1)  A tow truck operator shall undertake towing at the

(c)  Accident.--A tow truck operator shall undertake towing

<--

at the scene of a motor vehicle accident only if summoned to the

scene by the vehicle owner or vehicle operator, or law

enforcement personnel or authorized municipal personnel, and is

authorized to perform the towing.

<--

(2)  Except as set forth in paragraph (3), the owner of

the vehicle being towed has the right to designate:

(i)  the tow truck operator under paragraph (1); and

(ii)  the location where the vehicle is to be towed.

(3)  Paragraph (2) shall not apply if:

(i)  the owner is incapable of making the

designation; or

(ii)  a law enforcement officer or authorized

<--

municipal personnel prohibits the designation because the

vehicle is a hazard or, impedes the flow of traffic. A

<--

law enforcement officer acting under this subparagraph

shall make every reasonable effort to ensure that the

owner of the vehicle has the right to make the

designation under paragraph (2) when the vehicle is no

longer a hazard or impediment to the flow of traffic and

is safely removed to the side of the highway. or may not

<--

legally remain in its location.

as follows:

<--

(1)  The owner or operator of the vehicle being towed

shall summon to the scene the tow truck operator of the

owner's or operator's choice in consultation with law

enforcement or authorized municipal personnel and designate

the location where the vehicle is to be towed.

(2)  The provisions of paragraph (1) shall not apply when

the owner or operator is incapacitated, otherwise unable to

summon a tow truck operator or defers to law enforcement or

authorized municipal personnel.

(3)  The authority provided to the owner or operator in

paragraph (1) may be superseded by the law enforcement

officer or authorized municipal personnel if the tow truck

operator of choice cannot respond to the scene in a timely

fashion and the vehicle is a hazard, impedes the flow of

traffic or may not legally remain in its location in the

opinion of law enforcement or authorized municipal personnel.

(d)  Repair and storage.--As a condition of towing a vehicle

at the scene of an accident and prior to the towing, a tow truck

operator shall not:

(1)  secure the signature of the vehicle owner or vehicle

operator on a document that requires authorization to repair

the vehicle; or

(2)  secure the signature of the vehicle owner or vehicle

operator to authorize storage of the vehicle for more than 24

hours.

(e)  Release of towed vehicle.--Upon a request from the

vehicle owner or a person authorized by the owner to regain

possession, a tow truck operator or operator of a towing storage

facility shall not refuse during the posted hours of operation

to release a towed motor vehicle unless law enforcement has

requested that the vehicle be held. Release shall be conditioned

on the payment for towing, storage and related services. All

charges shall be itemized and in writing. Payment may be made

with cash, credit card from a common issuer or a check from an

insurance company or authorized tower or salvor acting on behalf

of the motor vehicle owner or insurance company.

<--

(f)  Access to vehicle.--A tow truck operator or towing

storage facility shall provide hours of operation that

reasonably allow access to a towed vehicle and shall grant

reasonable access to the towed vehicle during its posted hours

of operation for the purpose of inspection and retrieval by law

enforcement officials or authorized municipal personnel, the

vehicle owner or a person authorized by the owner under this

act.

(g)  Storage fee prohibited.--A Unless law enforcement has

<--

requested that a vehicle be held, a tow truck operator or towing

storage facility shall not charge a storage fee for any period

during which it has refused reasonable access during posted

normal business hours as required in subsection (e) or has

refused to allow authorized inspection of the vehicle under

inspection rights in 75 Pa.C.S. § 1799.4 (relating to

examination of vehicle repairs) or section 11 of the act of

December 29, 1972 (P.L.1713, No.367), known as the Motor Vehicle

Physical Damage Appraiser Act.

Section 4.  Violations.

A violation of this act is also a violation of the act of

December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade

Practices and Consumer Protection Law.

Section 5.  Coordination of laws.

(a)  Local and municipal ordinances.--This act supersedes

local or municipal ordinances only to the extent that those

ordinances regulate towing and storage operations that are in

conflict with and less stringent than this act.

(b)  Criminal investigations.--This act shall not supersede

or otherwise cause interference with any Federal or State

criminal investigation or prosecution.

(c)  Federal and State law.--If any portion of this act is

preempted or superseded by Federal or State law or is declared

invalid by any court of competent jurisdiction, the remainder of

this act shall remain in effect.

Section 20.  Effective date.

This act shall take effect in 60 days.