| |
| PRIOR PRINTER'S NOS. 2824, 3127 | PRINTER'S NO. 3191 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DeLUCA, MICOZZIE, BELFANTI, COHEN, D. COSTA, DEASY, GILLESPIE, JOSEPHS, SABATINA, SIPTROTH, THOMAS, WATERS, HARKINS AND KORTZ, OCTOBER 16, 2009 |
| |
| |
| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Providing for standards for towing and for violations. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Towing |
6 | Standards Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Tow truck operator." A person or entity performing towing |
12 | in this Commonwealth, including the owner or operator of towing | <-- |
13 | equipment. |
14 | "Towing." The moving or, removing or recovery of a motor | <-- |
15 | vehicle upon the direction of a police officer or of a damaged |
16 | or disabled motor vehicle from public or private property, |
|
1 | including a storage facility, regardless of whether the owner or |
2 | vehicle operator consents and for which a fee, not including |
3 | dues to a club or association which provides such services, is |
4 | charged. |
5 | Section 3. Towing standards. |
6 | (a) Fees.--A tow truck operator shall clearly and |
7 | conspicuously disclose its fees for towing, storage and other |
8 | related services and its hours of operation, street address and | <-- |
9 | telephone number on preprinted contracts or written schedules |
10 | and shall post its fees and hours of operation at its storage |
11 | facility. |
12 | (b) Time of notice.--A tow truck operator shall provide the |
13 | information required under subsection (a) to a vehicle owner |
14 | prior to towing. If the vehicle owner is not present or is not |
15 | able to operate a vehicle when the vehicle is towed, a tow truck |
16 | operator shall provide such information upon being contacted by |
17 | the owner or at the time the owner or his representative is |
18 | presented with a bill for towing. |
19 | (c) Accident or disabled motor vehicle.--A tow truck |
20 | operator shall render towing at the scene of a motor vehicle |
21 | accident or a disabled motor vehicle only if summoned to the |
22 | scene by the owner or operator of the motor vehicle or a police |
23 | officer or authorized local or municipal personnel. | <-- |
24 | (d) Repair and storage.--As a condition of towing a damaged |
25 | or disabled vehicle, a tow truck operator shall not secure the |
26 | signature of the owner or operator of the motor vehicle on a |
27 | document that includes authorization to repair the vehicle or to |
28 | authorize storage of the vehicle for more than 24 hours. |
29 | (e) Release of towed vehicle.--A tow truck operator shall |
30 | not refuse during its posted hours of operation to release a |
|
1 | towed motor vehicle upon request from the owner of the vehicle, |
2 | a person authorized by the owner to regain possession, or with | <-- |
3 | the owner's consent the insurer of the vehicle or a tower or |
4 | salvor acting on behalf of such an insurer accompanied by tender |
5 | of cash, credit card from a common issuer or a check from an |
6 | insurance company or authorized tower or salvor acting on behalf |
7 | of the motor vehicle owner or insurance company for towing and |
8 | storage charges itemized in writing. | <-- |
9 | (f) Notice of vehicle location.--A tow truck operator within | <-- |
10 | as soon as possible, but not to exceed 24 hours of completing a | <-- |
11 | tow, shall, if known to the tow truck operator, notify the owner | <-- |
12 | of the vehicle and, if known to the tow truck operator, the |
13 | insurer of the vehicle of the address and telephone number of |
14 | the location to which the vehicle was taken. |
15 | (g) Access to vehicle.--A tow truck operator shall provide |
16 | hours of operation that reasonably allow access to a towed |
17 | vehicle and shall grant reasonable access to the towed vehicle |
18 | during its posted hours of operation for the purpose of |
19 | inspection and retrieval by law enforcement, the owner or a | <-- |
20 | person authorized by the owner under this or any other act. |
21 | (h) Storage fee prohibited.--A tow truck operator shall not |
22 | charge a storage fee for any period during which it has refused |
23 | to allow authorized inspection of the vehicle under inspection |
24 | rights in 75 Pa.C.S. § 1799.4 (relating to examination of |
25 | vehicle repairs) or section 11 of the act of December 29, 1972 |
26 | (P.L.1713, No.367), known as the Motor Vehicle Physical Damage |
27 | Appraiser Act. |
28 | Section 4. Violations. |
29 | A violation of this act is also a violation of the act of |
30 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
|
1 | Practices and Consumer Protection Law. |
2 | Section 5. Coordination of laws. |
3 | (a) Local and municipal ordinances.--This act supersedes |
4 | local or municipal ordinances only to the extent that those |
5 | ordinances permit towing and storage activities or charges that |
6 | are in conflict with this act. |
7 | (b) Federal law.--If any portion of this act is preempted or |
8 | superseded by Federal law or is declared invalid by any court of |
9 | competent jurisdiction, the remainder of this act shall remain |
10 | in effect. |
11 | Section 6. Effective date. |
12 | This act shall take effect in 60 days. |
|