SPONSOR: Griffith
This bill requires the Department of Transportation to 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 provisions of the bill.
The Department can establish a "Towing and Recovery Review Board" to assist in implementing the provisions of the bill, with membership and functions as specified. The bill also specifies that the Department or the Board can decide if a vehicle is released when the fees are disputed; prohibits per pound charges for nonconsensual tows; provides that storage charges cease accruing upon the date a complaint is filed with the Department; and prohibits nonconsensual tows from creating liens on commercial vehicles or cargo.
If an owner or operator of a commercial vehicle requests the use of a specific towing company, law enforcement agencies must honor that request, except under certain conditions.
Towing companies must provide reasonable access to commercial vehicles that are the subject of a nonconsensual tow, for purposes specified in the bill. A towing company performing a nonconsensual tow when prohibited from doing so by the Department will be subject to a civil penalty of $25,000 per violation.
This bill is similar to HCS HB 745 (2025).
Statutes affected: