THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DeLUCA, MICOZZIE, BELFANTI, COHEN, D. COSTA, DEASY, GILLESPIE, JOSEPHS, MURT, SABATINA, SIPTROTH, THOMAS AND WATERS, OCTOBER 16, 2009

REFERRED TO COMMITTEE ON INSURANCE, OCTOBER 16, 2009  

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

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 or entity performing towing

in this Commonwealth.

"Towing."  The moving or removing of a motor vehicle upon the

direction of a police officer or of a damaged or disabled motor

vehicle from public or private property, including a storage

facility, regardless of whether the owner or vehicle operator

consents and for which a fee, not including dues to a club or

association which provides such services, is charged.

Section 3.  Towing standards.

(a)  Fees.--A tow truck operator shall clearly and

conspicuously disclose its fees for towing, storage and other

related services and its hours of operation on preprinted

contracts or written schedules and shall post its fees and hours

of operation at its storage facility.

(b)  Time of notice.--A tow truck operator shall provide the

information required under subsection (a) to a vehicle owner

prior to towing. If the vehicle owner is not present or is

incapacitated when the vehicle is towed, a tow truck operator

shall provide such information upon being contacted by the owner

or at the time the owner or his representative is presented with

a bill for towing.

(c)  Accident or disabled motor vehicle.--A tow truck

operator shall render towing at the scene of a motor vehicle

accident or a disabled motor vehicle only if summoned to the

scene by the owner or operator of the motor vehicle or a police

officer.

(d)  Repair and storage.--A tow truck operator shall not

secure the signature of the owner or operator of the motor

vehicle on a document that includes authorization to repair the

vehicle or to authorize storage of the vehicle for more than 24

hours.

(e)  Release of towed vehicle.--A tow truck operator shall

not refuse during its posted hours of operation to release a

towed motor vehicle upon request from the owner of the vehicle,

the insurer of the vehicle or a salvor acting on behalf of such

an insurer accompanied by tender of cash, credit card from a

common issuer or insurance company check for towing and storage

charges.

(f)  Notice of vehicle location.--A tow truck operator within

24 hours of completing a tow shall notify the owner of the

vehicle and, if known to the tow truck operator, the insurer of

the vehicle of the address and telephone number of the location

to which the vehicle was taken.

(g)  Access to vehicle.--A tow truck operator shall grant

reasonable access to the towed vehicle during its posted hours

of operation for the purpose of inspection and retrieval.

(h)  Storage fee prohibited.--A tow truck operator shall not

charge a storage fee for any period during which it 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 permit towing and storage activities or charges that

are in conflict with this act.

(b)  Federal law.--If any portion of this act is preempted or

superseded by Federal law or is declared invalid by any court of

competent jurisdiction, the remainder of this act shall remain

in effect.

Section 6.  Effective date.

This act shall take effect in 60 days.