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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, MICOZZIE, BELFANTI, COHEN, D. COSTA, DEASY, GILLESPIE, JOSEPHS, MURT, SABATINA, SIPTROTH, THOMAS AND WATERS, OCTOBER 16, 2009 |
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| REFERRED TO COMMITTEE ON INSURANCE, OCTOBER 16, 2009 |
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| AN ACT |
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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. |
13 | "Towing." The moving or removing of a motor vehicle upon the |
14 | direction of a police officer or of a damaged or disabled motor |
15 | vehicle from public or private property, including a storage |
16 | facility, regardless of whether the owner or vehicle operator |
17 | consents and for which a fee, not including dues to a club or |
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1 | association which provides such services, is charged. |
2 | Section 3. Towing standards. |
3 | (a) Fees.--A tow truck operator shall clearly and |
4 | conspicuously disclose its fees for towing, storage and other |
5 | related services and its hours of operation on preprinted |
6 | contracts or written schedules and shall post its fees and hours |
7 | of operation at its storage facility. |
8 | (b) Time of notice.--A tow truck operator shall provide the |
9 | information required under subsection (a) to a vehicle owner |
10 | prior to towing. If the vehicle owner is not present or is |
11 | incapacitated when the vehicle is towed, a tow truck operator |
12 | shall provide such information upon being contacted by the owner |
13 | or at the time the owner or his representative is presented with |
14 | a bill for towing. |
15 | (c) Accident or disabled motor vehicle.--A tow truck |
16 | operator shall render towing at the scene of a motor vehicle |
17 | accident or a disabled motor vehicle only if summoned to the |
18 | scene by the owner or operator of the motor vehicle or a police |
19 | officer. |
20 | (d) Repair and storage.--A tow truck operator shall not |
21 | secure the signature of the owner or operator of the motor |
22 | vehicle on a document that includes authorization to repair the |
23 | vehicle or to authorize storage of the vehicle for more than 24 |
24 | hours. |
25 | (e) Release of towed vehicle.--A tow truck operator shall |
26 | not refuse during its posted hours of operation to release a |
27 | towed motor vehicle upon request from the owner of the vehicle, |
28 | the insurer of the vehicle or a salvor acting on behalf of such |
29 | an insurer accompanied by tender of cash, credit card from a |
30 | common issuer or insurance company check for towing and storage |
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1 | charges. |
2 | (f) Notice of vehicle location.--A tow truck operator within |
3 | 24 hours of completing a tow shall notify the owner of the |
4 | vehicle and, if known to the tow truck operator, the insurer of |
5 | the vehicle of the address and telephone number of the location |
6 | to which the vehicle was taken. |
7 | (g) Access to vehicle.--A tow truck operator shall grant |
8 | reasonable access to the towed vehicle during its posted hours |
9 | of operation for the purpose of inspection and retrieval. |
10 | (h) Storage fee prohibited.--A tow truck operator shall not |
11 | charge a storage fee for any period during which it has refused |
12 | to allow authorized inspection of the vehicle under inspection |
13 | rights in 75 Pa.C.S. § 1799.4 (relating to examination of |
14 | vehicle repairs) or section 11 of the act of December 29, 1972 |
15 | (P.L.1713, No.367), known as the Motor Vehicle Physical Damage |
16 | Appraiser Act. |
17 | Section 4. Violations. |
18 | A violation of this act is also a violation of the act of |
19 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
20 | Practices and Consumer Protection Law. |
21 | Section 5. Coordination of laws. |
22 | (a) Local and municipal ordinances.--This act supersedes |
23 | local or municipal ordinances only to the extent that those |
24 | ordinances permit towing and storage activities or charges that |
25 | are in conflict with this act. |
26 | (b) Federal law.--If any portion of this act is preempted or |
27 | superseded by Federal law or is declared invalid by any court of |
28 | competent jurisdiction, the remainder of this act shall remain |
29 | in effect. |
30 | Section 6. Effective date. |
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1 | This act shall take effect in 60 days. |
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