2022 22LSO-0419
STATE OF WYOMING
HOUSE BILL NO. HB0119
Towing company rotation list.
Sponsored by: Representative(s) Haroldson
A BILL
for
1 AN ACT relating to motor vehicles; requiring the department
2 of transportation to adopt an annually calculated schedule
3 of towing and recovery fees; requiring tow truck and
4 recovery carriers to adhere to fee requirements to be
5 included on the rotation list; requiring rulemaking;
6 conforming a provision; and providing for effective dates.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 31-5-102(a)(lix) and
11 31-5-1701(b)(vii), (ix) and by creating a new paragraph (x)
12 are amended to read:
13
14 31-5-102. Definitions.
15
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1 (a) Except as otherwise provided, as used in this
2 act:
3
4 (lix) "This act" means W.S. 31-5-101 through
5 31-5-1601 31-5-1701;
6
7 31-5-1701. Towing companies; rotation list.
8
9 (b) Rules adopted by the department pursuant to this
10 section shall include:
11
12 (vii) Provision for reprimand or suspension from
13 the rotation list for a period of up to one (1) year or
14 removal from the rotation list for a period in excess of
15 one (1) year as determined by the director of the
16 department, for carriers that:
17
18 (A) Violate the criteria to be on the
19 rotation list;
20
21 (B) Charge fees in excess of the schedule
22 of customary and reasonable fees required by paragraph (x)
23 of this subsection;
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2 (C) Charge fees in excess of the tow truck
3 or recovery carrier's summary rate disclosure document that
4 is on file with the department as required under paragraph
5 (ix) of this subsection.
6
7 (ix) A requirement that a tow truck or recovery
8 carrier file a summary rate disclosure document which
9 states typical fees for commonly used towing and recovery
10 procedures, including but not limited to such items as
11 daytime and nighttime call rates, hook-up fees, winch fees,
12 labor costs, mileage charges and vehicle storage charges.
13 In any action where the fee charged by a towing company is
14 in issue:,
15
16 (A) A fee that is at or below the amount on
17 the schedule of customary and reasonable fees required by
18 paragraph (x) of this subsection shall be prima facie
19 evidence that the fee is fair and reasonable;
20
21 (B) The burden of proof to show that the
22 fee is fair and reasonable shall be upon the towing
23 company.
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2 (x) A schedule of customary and reasonable fees
3 calculated annually for commonly used towing and recovery
4 procedures based upon a sampling of typical fees used by
5 commercial tow truck and recovery carriers in Wyoming and a
6 review of prevailing fees in other states or regions.
7
8 Section 2. Not later than July 1, 2022 the department
9 of transportation shall promulgate rules to implement this
10 act.
11
12 Section 3.
13
14 (a) Except at provided in subsection (b) of this
15 section, this act is effective July 1, 2022.
16
17 (b) Sections 2 and 3 of this act are effective
18 Section 2 immediately upon completion of all acts necessary
19 for a bill to become law as provided by Article 4, Section
20 8 of the Wyoming Constitution.
21
22
23 (END)
4 HB0119


Statutes affected:
Introduced: 31-5-102, 31-5-1701