SB 516 - This act enacts a statute regulating nonconsensual towing of commercial vehicles, as defined in the act. The Department of Transportation shall establish procedures to address certain nonconsensual towing practices related to the removal of commercial vehicles from roadways, a complaint filing and adjudication process, and provisions for permanently or temporarily prohibiting towing companies from performing nonconsensual tows if they violate the act. The act specifies certain information that shall be included on every invoice for a nonconsensual tow.
The Department may establish a "Towing and Recovery Review Board" to assist in implementing the act, with membership and functions as described in the act.
If an owner or operator of a commercial vehicle requests the use of a specific towing company, law enforcement agencies shall honor that request, except under certain conditions.
The act further regulates the release of vehicles if fees are disputed, prohibits per-pound charges for nonconsensual tows, provides that storage charges shall cease accruing upon the date a complaint is filed with the Department, and prohibits nonconsensual tows from creating liens on commercial vehicles or cargo.
Towing companies shall provide reasonable access to commercial vehicles that are the subject of a nonconsensual tow, for purposes specified in the act. A towing company performing a nonconsensual tow when prohibited from doing so by the Department of Transportation shall be subject to a civil penalty of $25,000 per violation.
ERIC VANDER WEERD