THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, BARRAR, CRUZ, GINGRICH, GOODMAN, HESS, PICKETT, SCHMOTZER AND MILNE, SEPTEMBER 5, 2012

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 5, 2012  

AN ACT

Amending the act of July 5, 2012 (P.L.990, No.110), entitled "An

act providing for standards for towing and for violations,"

further providing for standards for tow truck operators and

towing storage facilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of July 5, 2012 (P.L.990,

No.110), known as the Towing and Towing Storage Facility

Standards Act, is amended by adding a subsection to read:

Section 3.  Standards for tow truck operators and towing storage

facilities.

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(c.1)  Liability.--

(1)  Except as provided under paragraph (2), if a tow

truck operator is properly summoned under this section, the

tow truck operator shall not be liable for damages incurred

to the vehicle being towed, its contents or the surrounding

area caused by emergency measures employed through the

legitimate exercise of the authority granted under this

section.

(2)  Paragraph (1) shall not apply if the tow truck

operator engages in gross negligence or willful, wanton or

knowing misconduct.

* * *

Section 2.  This act shall take effect in 60 days.