SCS/HS/HCS/HBs 1174 & 1309 - This act regulates all towing of motor vehicles under law enforcement and other agency authority from public rights-of-way and all towing from private land. Trailers, all-terrain vehicles, vessels and outboard motors may also be towed under this law. Off-site sales of motor vehicles are expanded.

LOCAL FEES - Counties may require a fee, permit or license from any wrecker or tow service company. Cities may charge such fees to wreckers not registered with the U. S. Dept. of Transportation.

REMOVAL OF VEHICLES FROM ROADWAY - Drivers of vehicles must make every reasonable effort to remove stalled vehicles from the roadway. A violation is an infraction beginning January 1, 1999.

TOWING FROM PUBLIC AREAS - Section 304.155 of the act regulates all towing of abandoned property under law enforcement and other agency authority from public rights-of-way. The Missouri Highways and Transportation Department may immediately remove abandoned vehicles from the roadway, and vehicles may be towed from the right-of-way after designated time periods. Other government agencies shall report tows to the Highway Patrol.

Law enforcement must make a criminal record check on every towed vehicle. Law enforcement shall submit a crime inquiry report and inspection report to the Department of Revenue (DOR) within 10 working days. The report details are expanded. The towing company will notify the vehicle owner instead of the DOR.

PROCEDURES FOR NOTICE, TITLING - The DOR notifies the towing company of the owner's name and address. Towing companies must notify the vehicle owner and any lienholder within 10 business days. The owner may petition in court if the property was wrongly taken or withheld. The towing company may obtain title to the abandoned property if no arrangements are made by the property owner or lienholder. Vehicles retitled under this law shall have a "SALVAGE/ABANDONED PROPERTY" brand and must be reinspected before receiving an original title. Local ordinances must be consistent with these sections.

TOWING FROM PRIVATE LAND - Section 304.157 of the act regulates all the possible circumstances for towing from private land, both by law enforcement order, by order of another government agency, and by direction of the landowner or lessee in possession. Landowners and lessees shall give prior notification to police, and they shall file an abandoned property report with the police on any tow which they authorize. Towing companies must also report to the police on any private tow authorized by the landowner.

CONSUMER HELP - The act establishes protection for consumers from wrongful actions by towing companies. Any person or agency authorizing a tow shall notify the vehicle owner within 5 days if the owner is known. Responsibilities are imposed upon towing companies and property owners authorizing tows. The Attorney General is given the power to enforce this section.

This act is similar to SB 560.

OFF-SITE SALES - Off-site motor vehicle sales can be conducted under an additional set of circumstances:

- Only one sale per year, 3rd & 4th class counties only; - $250 fee and notice to the Missouri Motor Vehicle Commission; - Limited to vehicles used in the course of business; - Sale must be with a credit union or other financial institution, for members only; - Current model year vehicles may not be sold.
MIKE HOEFERKAMP