PRINTER'S NO. 235
No. 226 Session of 1991
INTRODUCED BY HERSHEY, ITKIN, PITTS, D. R. WRIGHT, CESSAR,
BARLEY, TRELLO, STEELMAN, CIVERA, SCHULER, RAYMOND AND
ARMSTRONG, FEBRUARY 4, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 1991
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to the removal of
3 certain vehicles and the licensing of tow trucks; and making
4 editorial changes.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3353(c) of Title 75 of the Pennsylvania
8 Consolidated Statutes is repealed.
9 Section 2. Chapter 33 of Title 75 is amended by adding a
10 subchapter to read:
11 CHAPTER 33
12 RULES OF THE ROAD IN GENERAL
13 * * *
14 SUBCHAPTER G
15 VEHICLES WRONGFULLY PARKED OR ABANDONED
16 ON PRIVATE PROPERTY
17 Sec.
18 3371. Towing authorized.
1 3372. Duties of tow operator; rebates prohibited.
2 3373. Notice by posting of signs required.
3 3374. Towing rates filed with local law enforcement;
4 contracts maintained.
5 3375. Towing at direction of property owner; no standing
6 authority.
7 3376. Vehicle break-in allowed.
8 3377. Release upon demand and payment of charges; receipt
9 required.
10 3378. Improper removal; property owner liable.
11 3379. Lien in favor of towing firm.
12 3380. Sale and disposal of unclaimed vehicles.
13 3381. Local ordinances.
14 § 3371. Towing authorized.
15 The owner or lessee of privately owned real property, or any
16 person duly authorized by such owner or lessee, may cause any
17 motor vehicle parked or abandoned on such property without
18 permission to be removed by a person or firm properly licensed
19 under Subchapter B of Chapter 73 (relating to licensing of
20 operators of tow trucks). This section shall not apply to law
21 enforcement, firefighting, rescue squad, emergency vehicles or
22 ambulances which are marked as such, or to property owned or
23 leased by any governmental entity.
24 § 3372. Duties of tow operator; rebates prohibited.
25 (a) Conditions and restrictions.--The towing or removal of
26 any vehicle from private property without consent of the
27 registered owner or other legally authorized person in control
28 of the vehicle is subject to the following conditions and
29 restrictions:
30 (1) Any towed or removed vehicle must be stored at the
19910H0226B0235 - 2 -
1 site of the towing company's business in an enclosed and
2 secured storage lot. The site must be open during the hours
3 of 8:00 a.m. to 5:00 p.m. for the purpose of vehicle
4 redemption.
5 (2) The person or firm towing or removing the vehicle
6 shall, within one hour of completion of such towing or
7 removal, notify the municipal police department, or, in a
8 municipality not having a police department, the sheriff
9 having jurisdiction in such municipality, of such towing or
10 removal, the storage site and time of such removal, and the
11 make, model, color and license plate number of the vehicle.
12 (3) If the registered owner or person in control of the
13 vehicle arrives at the scene of the towing prior to removal
14 or towing of the vehicle, the vehicle shall be disconnected
15 from the towing or removing apparatus, and that person shall
16 be allowed to recover and remove the vehicle without
17 interference, upon the payment of a reasonable service fee of
18 not more than one-half of the posted rate of such towing
19 service as provided in section 3374 (relating to towing rates
20 filed with local law enforcement; contracts maintained), for
21 which a receipt shall be given, unless the person refuses to
22 remove the vehicle which is otherwise unlawfully parked.
23 (b) Rebates prohibited.--It shall be unlawful for any person
24 who tows vehicles to make a rebate or payment of money or give
25 any other valuable consideration to the owners or operators of
26 the premises from which a vehicle is towed or removed, for the
27 privilege of removing or towing the vehicle.
28 (c) Penalty.--A person who violates the provisions of
29 subsection (b) commits a misdemeanor of the third degree.
30 § 3373. Notice by posting of signs required.
19910H0226B0235 - 3 -
1 (a) Signs.--Except for property appurtenant to and obviously
2 a part of a single-family residence and except for instances
3 where notice is personally given to the owner or other person in
4 control of the vehicle that the area in which that vehicle is
5 parked is reserved or otherwise unavailable for unauthorized
6 vehicles and subject to being removed at the owner's or
7 operator's expense, any property owner or lessee, or person duly
8 authorized by the property owner or lessee, prior to towing or
9 removing any vehicle from private property without consent of
10 the owner or other legally authorized person in control of that
11 vehicle, must post a notice meeting the following requirements:
12 (1) The notice must be prominently placed at each
13 driveway access or curb cut allowing vehicular access to the
14 property within five feet from the public right-of-way line.
15 If there are no curbs or access barriers, the sign must be
16 posted not less than one sign each 25 feet of lot frontage.
17 (2) The notice must indicate clearly, in not less than
18 two-inch-high light-reflective letters on a contrasting
19 background that unauthorized vehicles will be towed away at
20 the owner's expense. The words "TOW AWAY ZONE" must be
21 included on the sign in not less than two-inch letters.
22 (3) The notice must also provide the name and current
23 telephone number of the person or firm authorized to tow the
24 vehicle or the name and phone number of the property owner,
25 lessee or agent in control of the property.
26 (4) The sign structure containing the required notices
27 must be permanently installed with the bottom of the sign not
28 less than four feet above ground level and must be
29 continuously maintained on the property for not less than 24
30 hours prior to the towing or removal of any vehicle.
19910H0226B0235 - 4 -
1 (b) Inspection of signs.--Any municipality may require
2 permitting and inspection of these signs prior to any towing or
3 removal of vehicles within the municipality.
4 § 3374. Towing rates filed with local law enforcement;
5 contracts maintained.
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 must file and keep on record with the
10 applicable local law enforcement agency a complete copy of the
11 current rates to be charged for such services, and shall
12 maintain at their place of business any written contracts with
13 property owners, lessors or persons in control of property which
14 authorized them to remove vehicles as provided in this
15 subchapter, and shall make such contracts available to vehicle
16 owners upon request.
17 § 3375. Towing at direction of property owner; no standing
18 authority.
19 No vehicle shall be towed from private property except upon
20 express instruction of the owner or person in charge of the
21 private property upon which the vehicle is trespassing. Such
22 instruction for removal shall not be given in advance of the
23 trespass or by standing or general authorization.
24 § 3376. Vehicle break-in allowed.
25 Vehicle entry or break-in for the purpose of removal shall be
26 allowed with reasonable care on the part of the person or firm
27 towing the vehicle and such entry shall not constitute a crime
28 on the part of the person towing or removing the vehicle.
29 § 3377. Release upon demand and payment of charges; receipt
30 required.
19910H0226B0235 - 5 -
1 When a vehicle has been towed or removed pursuant to this
2 subchapter, it must be released to its owner, or person in
3 lawful possession, upon demand, provided that the vehicle owner
4 pays all accrued towing and storage charges consistent with
5 section 3374 (relating to towing rates filed with local law
6 enforcement; contracts maintained) and that such demand is made
7 between the hours of 8:00 a.m. and 5:00 p.m. Any vehicle owner
8 or person in lawful possession shall have the right to inspect
9 the vehicle before accepting its return, and no release waiver
10 of any kind which would release the person or firm towing the
11 vehicle from liability for damages may be required from any
12 vehicle owner or person in lawful possession as a condition of
13 release of the vehicle. A receipt showing the name of the
14 company or person towing or removing the vehicle and an
15 itemization of charges shall be provided to the person paying
16 towing and/or storage charges at the time of payment.
17 § 3378. Improper removal; property owner liable.
18 Wherever a person improperly causes a motor vehicle to be
19 removed, such person shall be liable to the owner or person in
20 lawful possession of the vehicle for the cost of removal,
21 transportation or storage of the vehicle, and attorney fees and
22 court costs, if applicable.
23 § 3379. Lien in favor of towing firm.
24 A person regularly engaged in the business of transporting
25 vehicles by tow truck and licensed pursuant to Subchapter B of
26 Chapter 73 (relating to licensing of operators of tow trucks),
27 and storing them in an impoundment lot, shall have a lien on the
28 vehicle and the contents thereof for services performed in
29 compliance with this subchapter.
30 § 3380. Sale and disposal of unclaimed vehicles.
19910H0226B0235 - 6 -
1 Disposal of any vehicle in possession of the towing-storage
2 company, not claimed within 30 days after possession, may be
3 effectuated by compliance with Subchapter A of Chapter 73
4 (relating to general provisions).
5 § 3381. Local ordinances.
6 Nothing in this subchapter shall prohibit any municipality
7 from adopting and enforcing local ordinances or regulations to
8 supervise and regulate removal of trespassing vehicles from
9 private property. The requirements of this subchapter shall be
10 the minimum standards and shall not preclude enactment of
11 additional regulations by any municipality, including the
12 regulation of compensatory fees for towing and storage.
13 Section 3. The heading of Chapter 73 of Title 75 is amended
14 and the chapter is amended by adding a subchapter heading and a
15 subchapter to read:
16 CHAPTER 73
17 [ABANDONED VEHICLES AND CARGOS]
18 ILLEGALLY PARKED AND ABANDONED VEHICLES
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 * * *
22 SUBCHAPTER B
23 LICENSING OF OPERATORS OF TOW TRUCKS
24 Sec.
25 7321. Definitions.
26 7322. License required for business of towing.
27 7323. Application for tow truck license; fees.
28 7324. License fees expiration; renewal.
29 7325. Grounds for denial, suspension, revocation or refusal
30 to issue or renew license.
19910H0226B0235 - 7 -
1 7326. Distinctive registration plates and stickers for
2 vehicles under license.
3 7327. Identification of tow trucks.
4 7328. Penalty for violation.
5 7329. Application to local government.
6 § 7321. Definitions.
7 The following words and phrases when used in this subchapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Tow truck." Any motor vehicle equipped with a boom or
11 booms, winches, slings, wheel lift unit, tilt beds or similar
12 equipment designed for the towing or recovery of vehicles and
13 other objects which cannot operate under their own power or for
14 some reason must be transported by means of towing.
15 "Tow or towing operator." Any person or entity owning or
16 operating a tow truck service.
17 § 7322. License required for business of towing.
18 No person shall use or offer to use a tow truck to tow, winch
19 or otherwise move a motor vehicle for any direct or indirect
20 compensation unless such person possesses a valid license issued
21 by the department pursuant to this subchapter.
22 § 7323. Application for tow truck license; fees.
23 (a) Issuance of licenses.--Upon receipt of the payment of a
24 fee of $100 and the department's determination that the
25 applicant is in compliance with the requirements of this
26 subchapter and the regulations adequate for the department, the
27 department shall issue licenses to tow truck operators.
28 (b) Application for license.--The department shall provide
29 to applicants forms for licenses which shall contain the
30 following:
19910H0226B0235 - 8 -
1 (1) The name and address of the tow operators.
2 (2) The address of the principal business office of the
3 towing operation.
4 (3) The address of any garage, parking lot or other
5 storage area, other than the business office, where motor
6 vehicles moved by the tow operator may be stored or placed.
7 (4) A certificate of insurance, or an acknowledgment
8 thereof, by an insurance carrier authorized to do business in
9 this Commonwealth, of garage keeper's legal liability in an
10 amount not less than $100,000, of general liability in an
11 amount not less than $15,000 and of cargo insurance in an
12 amount not less than $15,000.
13 (5) A statement that the applicant has not been
14 convicted of any violation of the laws relating to theft of
15 motor vehicles of this or any other state within three years
16 immediately preceding the date of application for a tow truck
17 license.
18 (6) A notarized statement by the tow truck operator that
19 all information placed on the application is true to the best
20 of his knowledge.
21 § 7324. License fees expiration; renewal.
22 (a) Expiration date.--Licenses shall be issued for one-year
23 periods and shall expire on December 31 each year.
24 (b) Renewal fee.--Licenses may be renewed through payment of
25 a license renewal fee of $100 and filing proof of continued
26 insurance pursuant to section 7323(b)(4) (relating to
27 application for tow truck license; fees) prior to the expiration
28 date of the license.
29 (c) Expired license.--A tow operator whose license has
30 expired under this subchapter must qualify for a license in the
19910H0226B0235 - 9 -
1 same manner as a tow operator who has not previously acquired a
2 license pursuant to section 7323(b).
3 § 7325. Grounds for denial, suspension, revocation or refusal
4 to issue or renew license.
5 The department may deny, suspend, revoke or refuse to issue
6 or to renew any license issued under this subchapter upon proof
7 that the person:
8 (1) used fraud or deception in securing a license;
9 (2) violated any provision of this subchapter; or
10 (3) has been convicted of a violation of the laws
11 relating to the theft of motor vehicles on this or any other
12 state.
13 § 7326. Distinctive registration plates and stickers for
14 vehicles under license.
15 (a) Registration plate.--The department shall provide for
16 distinctive tow truck registration plates and stickers for tow
17 trucks used by tow truck operators required to be licensed under
18 the provisions of this subchapter.
19 (b) Multiple plates.--Registration plates and stickers shall
20 be issued to tow operators for all vehicles with certificates of
21 title in the name of the tow operator upon proof of possession
22 of a valid license issued pursuant to this subchapter and upon
23 payment of all registration fees.
24 (c) Expiration of plates and stickers.--Registration plates
25 and stickers shall be issued for one-year periods and shall
26 expire on December 31 each year.
27 (d) Display of plates and stickers.--Tow operators licensed
28 under this subchapter shall display plates and stickers issued
29 under this subchapter upon each vehicle used to tow or recover
30 vehicles.
19910H0226B0235 - 10 -
1 § 7327. Identification of tow trucks.
2 (a) Identification information.--A person who engages in the
3 business of towing wrecked or disabled vehicles shall identify
4 each tow truck used in the business by painting on both vehicle
5 doors:
6 (1) The name of the towing company, in letters at least
7 three inches high and not less than three-eighths of an inch
8 wide.
9 (2) The city and state where the tow truck is domiciled,
10 in letters not less than two inches high and three-eighths of
11 an inch wide.
12 (3) The telephone number of the business, in numbers not
13 less than two inches high and three-eighths of an inch wide.
14 (b) Color of lettering.--The identifying information shall
15 be painted in a color that contrasts with the background upon
16 which it is placed.
17 § 7328. Penalty for violation.
18 Any person who operates a tow truck without a license or
19 otherwise violates any provisions of this subchapter shall be
20 guilty of a misdemeanor of the third degree.
21 § 7329. Application to local government.
22 (a) Local requirements.--The provisions of this subchapter
23 are minimum requirements. A municipality may regulate, require
24 or issue additional registration, license, permit or surety bond
25 requirements, including compensatory administrative fees, to tow
26 operators located within its geographical boundaries; provided
27 that such local registration, license, permit or bond shall be
28 in addition to or more stringent than, and not otherwise
29 incompatible with, the provisions of this subchapter.
30 (b) Construction of subchapter.--This subchapter shall not
19910H0226B0235 - 11 -
1 be construed to:
2 (1) Limit the authority of a municipality to license or
3 collect a general and nondiscriminatory tax upon all
4 business.
5 (2) Limit any authority of a municipality to license and
6 collect a tax upon towing operations located or domiciled
7 within its jurisdiction.
8 (3) Limit any authority of the Public Utility Commission
9 to regulate motor carriers.
10 (4) Limit the authority of any municipality to impose
11 any additional requirements or conditions as part of any
12 contract to perform towing or removal services for the
13 municipality.
14 (c) Limitation on municipal regulations.--No municipality
15 may license, tax, regulate or otherwise prohibit the operation
16 of a tow operator who does not maintain a storage facility,
17 dispatch or administrative office, or other permanent presence
18 within that municipality or county.
19 Section 4. This act shall take effect in 180 days.
L14L75RZ/19910H0226B0235 - 12 -