PRINTER'S NO. 2725
No. 2065 Session of 1989
INTRODUCED BY HERSHEY, PESCI, FARGO, TRELLO, BILLOW, BARLEY, LINTON, SAURMAN, BUNT, STABACK, E. Z. TAYLOR, MELIO, JOHNSON, CIVERA, MORRIS, GEIST AND OLASZ, NOVEMBER 14, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 14, 1989
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, adding provisions relating to tow trucks; and 3 making editorial changes. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 3353(c) of Title 75 of the Pennsylvania 7 Consolidated Statutes is repealed. 8 Section 2. Chapter 33 of Title 75 is amended by adding a 9 subchapter to read: 10 SUBCHAPTER G 11 VEHICLES WRONGFULLY PARKED OR ABANDONED 12 ON PRIVATE PROPERTY 13 Sec. 14 3371. Towing authorized. 15 3372. Duties of tow operator; rebates prohibited. 16 3373. Notice by posting of signs required. 17 3374. Towing rates filed with local law enforcement; 18 contracts maintained.
1 3375. Towing at direction of property owner; no standing 2 authority. 3 3376. Vehicle break-in allowed. 4 3377. Release upon demand and payment of charges; receipt 5 required. 6 3378. Improper removal; property owner liable. 7 3379. Lien in favor of towing firm. 8 3380. Sale and disposal of unclaimed vehicles. 9 3381. Local ordinances. 10 § 3371. Towing authorized. 11 The owner or lessee of privately owned real property, or any 12 person duly authorized by such owner or lessee, may cause any 13 motor vehicle parked or abandoned on such property without 14 permission to be removed by a person or firm properly licensed 15 under Subchapter B of Chapter 73 (relating to licensing of 16 operators of tow trucks). This section shall not apply to law 17 enforcement, fire-fighting, rescue squad, emergency vehicles or 18 ambulances which are marked as such, or to property owned or 19 leased by any governmental entity. 20 § 3372. Duties of tow operator; rebates prohibited. 21 (a) Conditions and restrictions.--The towing or removal of 22 any vehicle from private property without consent of the 23 registered owner or other legally authorized person in control 24 of the vehicle is subject to the following conditions and 25 restrictions: 26 (1) Any towed or removed vehicle must be stored at the 27 site of the towing company's business in an enclosed and 28 secured storage lot. The site must be open during the hours 29 of 8:00 a.m. to 5:00 p.m. for the purpose of vehicle 30 redemption. 19890H2065B2725 - 2 -
1 (2) The person or firm towing or removing the vehicle 2 shall, within one hour of completion of such towing or 3 removal, notify the municipal police department, or, in a 4 municipality not having a police department, the sheriff 5 having jurisdiction in such municipality, of such towing or 6 removal, the storage site and time of such removal, and the 7 make, model, color and license plate number of the vehicle. 8 (3) If the registered owner or person in control of the 9 vehicle arrives at the scene of the towing prior to removal 10 or towing of the vehicle, the vehicle shall be disconnected 11 from the towing or removing apparatus and that person shall 12 be allowed to recover and remove the vehicle without 13 interference, upon the payment of a reasonable service fee of 14 not more than one-half of the posted rate of such towing 15 service as provided in section 3374 (relating to towing rates 16 filed with local law enforcement; contracts maintained), for 17 which a receipt shall be given, unless the person refuses to 18 remove the vehicle which is otherwise unlawfully parked. 19 (b) Rebates prohibited.--It shall be unlawful for any person 20 who tows vehicles to make a rebate or payment of money or give 21 any other valuable consideration to the owners or operators of 22 the premises from which a vehicle is towed or removed, for the 23 privilege of removing or towing the vehicle. 24 (c) Penalty.--A person who violates the provisions of 25 subsection (b) commits a misdemeanor of the third degree. 26 § 3373. Notice by posting of signs required. 27 (a) Signs.--Except for property appurtenant to and obviously 28 a part of a single family residence, and except for instances 29 where notice is personally given to the owner or other person in 30 control of the vehicle that the area in which that vehicle is 19890H2065B2725 - 3 -
1 parked is reserved or otherwise unavailable for unauthorized 2 vehicles and subject to being removed at the owner's or 3 operator's expense, any property owner or lessee, or person duly 4 authorized by the property owner or lessee, prior to towing or 5 removing any vehicle from private property without consent of 6 the owner or other legally authorized person in control of that 7 vehicle, must post a notice meeting the following requirements: 8 (1) The notice must be prominently placed at each 9 driveway access or curb cut allowing vehicular access to the 10 property within five feet from the public right-of-way line. 11 If there are no curbs or access barriers, the sign must be 12 posted not less than one sign each 25 feet of lot frontage. 13 (2) The notice must indicate clearly, in not less than 14 two-inch-high light-reflective letters on a contrasting 15 background that unauthorized vehicles will be towed away at 16 owner's expense. The words "TOW AWAY ZONE" must be included 17 on the sign in not less than two-inch letters. 18 (3) The notice must also provide the name and current 19 telephone number of the person or firm authorized to tow the 20 vehicle or the name and phone number of the property owner, 21 lessee or agent in control of the property. 22 (4) The sign structure containing the required notices 23 must be permanently installed with the bottom of the sign not 24 less than four feet above ground level and must be 25 continuously maintained on the property for not less than 24 26 hours prior to the towing or removal of any vehicle. 27 (b) Inspection of signs.--Any municipality may require 28 permitting and inspection of these signs prior to any towing or 29 removal of vehicles within the municipality. 30 § 3374. Towing rates filed with local law enforcement; 19890H2065B2725 - 4 -
1 contracts maintained. 2 Any person or firm that tows or removes vehicles and proposes 3 to require the owner, operator or person in lawful possession of 4 the vehicle to pay the costs of towing and storage prior to 5 redemption of the vehicle must file and keep on record with the 6 applicable local law enforcement agency a complete copy of the 7 current rates to be charged for such services, and shall 8 maintain at their place of business any written contracts with 9 property owners, lessors or persons in control of property which 10 authorized them to remove vehicles as provided in this 11 subchapter, and shall make such contracts available to vehicle 12 owners upon request. 13 § 3375. Towing at direction of property owner; no standing 14 authority. 15 No vehicle shall be towed from private property except upon 16 express instruction of the owner or person in charge of the 17 private property upon which the vehicle is trespassing. Such 18 instruction for removal shall not be given in advance of the 19 trespass or by standing or general authorization. 20 § 3376. Vehicle break-in allowed. 21 Vehicle entry or break-in for the purpose of removal shall be 22 allowed with reasonable care on the part of the person or firm 23 towing the vehicle and such entry shall not constitute a crime 24 on the part of the person towing or removing the vehicle. 25 § 3377. Release upon demand and payment of charges; receipt 26 required. 27 When a vehicle has been towed or removed pursuant to this 28 subchapter, it must be released to its owner, or person in 29 lawful possession, upon demand, provided that the vehicle owner 30 pays all accrued towing and storage charges consistent with 19890H2065B2725 - 5 -
1 section 3374 (relating to towing rates filed with local law 2 enforcement; contracts maintained) and that such demand is made 3 between the hours of 8:00 a.m. and 5:00 p.m. Any vehicle owner 4 or person in lawful possession shall have the right to inspect 5 the vehicle before accepting its return, and no release waiver 6 of any kind which would release the person or firm towing the 7 vehicle from liability for damages may be required from any 8 vehicle owner or person in lawful possession as a condition of 9 release of the vehicle. A receipt showing the name of the 10 company or person towing or removing the vehicle and an 11 itemization of charges shall be provided to the person paying 12 towing and/or storage charges at the time of payment. 13 § 3378. Improper removal; property owner liable. 14 Wherever a person improperly causes a motor vehicle to be 15 removed, such person shall be liable to the owner or person in 16 lawful possession of the vehicle for the cost of removal, 17 transportation or storage of the vehicle, and attorneys fees and 18 court costs, if applicable. 19 § 3379. Lien in favor of towing firm. 20 A person regularly engaged in the business of transporting 21 vehicles by tow truck and licensed pursuant to Subchapter B of 22 Chapter 73 (relating to licensing of operators of tow trucks), 23 and storing them in an impoundment lot, shall have a lien on the 24 vehicle and the contents thereof for services performed in 25 compliance with this subchapter. 26 § 3380. Sale and disposal of unclaimed vehicles. 27 Disposal of any vehicle in possession of the towing-storage 28 company, not claimed within 30 days after possession, may be 29 effectuated by compliance with Subchapter A of Chapter 73 30 (relating to general provisions). 19890H2065B2725 - 6 -
1 § 3381. Local ordinances. 2 Nothing in this subchapter shall prohibit any municipality 3 from adopting and enforcing local ordinances or regulations to 4 supervise and regulate removal of trespassing vehicles from 5 private property. The requirements of this subchapter shall be 6 the minimum standards and shall not preclude enactment of 7 additional regulations by any municipality, including the 8 regulation of compensatory fees for towing and storage. 9 Section 3. The heading of Chapter 73 of Title 75 is amended 10 and the chapter is amended by adding a subchapter heading and a 11 subchapter to read: 12 CHAPTER 73 13 [ABANDONED VEHICLES AND CARGOS] 14 ILLEGALLY PARKED AND ABANDONED VEHICLES 15 SUBCHAPTER A 16 GENERAL PROVISIONS 17 * * * 18 SUBCHAPTER B 19 LICENSING OF OPERATORS OF TOW TRUCKS 20 Sec. 21 7321. Definitions. 22 7322. License required for business of towing. 23 7323. Application for tow truck license; fees. 24 7324. License fees expiration; renewal. 25 7325. Grounds for denial, suspension, revocation or 26 refusal to issue or renew license. 27 7326. Distinctive registration plates and stickers 28 for vehicles under license. 29 7327. Identification of tow trucks. 30 7328. Penalty for violation. 19890H2065B2725 - 7 -
1 7329. Application to local government. 2 § 7321. Definitions. 3 The following words and phrases when used in this subchapter 4 shall have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Tow truck." Any motor vehicle equipped with a boom or 7 booms, winches, slings, wheel lift unit, tilt beds or similar 8 equipment designed for the towing or recovery of vehicles and 9 other objects which cannot operate under their own power or for 10 some reason must be transported by means of towing. 11 "Tow or towing operator." Any person or entity owning or 12 operating a tow truck service. 13 § 7322. License required for business of towing. 14 No person shall use or offer to use a tow truck to tow, winch 15 or otherwise move a motor vehicle for any direct or indirect 16 compensation unless such person possesses a valid license issued 17 by the department pursuant to this subchapter. 18 § 7323. Application for tow truck license; fees. 19 (a) Issuance of licenses.--Upon receipt of the payment of a 20 fee of $100 and the department's determination that the 21 applicant is in compliance with the requirements of this 22 subchapter and the regulations adequate for the department, the 23 department shall issue licenses to tow truck operators. 24 (b) Application for license.--The department shall provide 25 to applicants forms for licenses which shall contain the 26 following: 27 (1) The name and address of the tow operators. 28 (2) The address of the principal business office of the 29 towing operation. 30 (3) The address of any garage, parking lot or other 19890H2065B2725 - 8 -
1 storage area, other than the business office, where motor 2 vehicles moved by the tow operator may be stored or placed. 3 (4) A certificate of insurance, or an acknowledgment 4 thereof, by an insurance carrier authorized to do business in 5 this Commonwealth, of garage keeper's legal liability in an 6 amount not less than $100,000, of general liability in an 7 amount not less than $15,000, and of cargo insurance in an 8 amount not less than $15,000. 9 (5) A statement that the applicant has not been 10 convicted of any violation of the laws relating to theft of 11 motor vehicles of this or any other state within three years 12 immediately preceding the date of application for a tow truck 13 license. 14 (6) A notarized statement by the tow truck operator that 15 all information placed on the application is true to the best 16 of his knowledge. 17 § 7324. License fees expiration; renewal. 18 (a) Expiration date.--Licenses shall be issued for one-year 19 periods and shall expire on December 31 each year. 20 (b) Renewal fee.--Licenses may be renewed through payment of 21 a license renewal fee of $100 and filing proof of continued 22 insurance pursuant to section 7323(b)(4) (relating to 23 application for tow truck license; fees) prior to the expiration 24 date of the license. 25 (c) Expired license.--A tow operator whose license has 26 expired under this subchapter must qualify for a license in the 27 same manner as a tow operator who has not previously acquired a 28 license pursuant to section 7323(b). 29 § 7325. Grounds for denial, suspension, revocation or refusal 30 to issue or renew license. 19890H2065B2725 - 9 -
1 The department may deny, suspend, revoke or refuse to issue 2 or to renew any license issued under this subchapter upon proof 3 that the person: 4 (1) used fraud or deception in securing a license;. 5 (2) violated any provision of this subchapter; or 6 (3) has been convicted of a violation of the laws 7 relating to the theft of motor vehicles on this or any other 8 state. 9 § 7326. Distinctive registration plates and stickers for 10 vehicles under license. 11 (a) Registration plate.--The department shall provide for 12 distinctive tow truck registration plates and stickers for tow 13 trucks used by tow truck operators required to be licensed under 14 the provisions of this subchapter. 15 (b) Multiple plates.--Registration plates and stickers shall 16 be issued to tow operators for all vehicles with certificates of 17 title in the name of the tow operator upon proof of possession 18 of a valid license issued pursuant to this subchapter and upon 19 payment of all registration fees. 20 (c) Expiration of plates and stickers.--Registration plates 21 and stickers shall be issued for one-year periods and shall 22 expire on December 31 each year. 23 (d) Display of plates and stickers.--Tow operators licensed 24 under this subchapter shall display plates and stickers issued 25 under this subchapter upon each vehicle used to tow or recover 26 vehicles. 27 § 7327. Identification of tow trucks. 28 (a) Identification information.--A person who engages in the 29 business of towing wrecked or disabled vehicles shall identify 30 each tow truck used in the business by painting on both vehicle 19890H2065B2725 - 10 -
1 doors: 2 (1) The name of the towing company, in letters at least 3 three inches high and not less than three-eighths of an inch 4 wide. 5 (2) The city and state where the tow truck is domiciled, 6 in letters not less than two inches high and three-eighths of 7 an inch wide. 8 (3) The telephone number of the business, in numbers not 9 less than two inches high and three-eighths of an inch wide. 10 (b) Color of lettering.--The identifying information shall 11 be painted in a color that contrasts with the background upon 12 which it is placed. 13 § 7328. Penalty for violation. 14 Any person who operates a tow truck without a license or 15 otherwise violates any provisions of this subchapter shall be 16 guilty of a misdemeanor of the third degree. 17 § 7329. Application to local government. 18 (a) Local requirements.--The provisions of this subchapter 19 are minimum requirements. A municipality may regulate, require 20 or issue additional registration, license, permit or surety bond 21 requirements, including compensatory administrative fees, to tow 22 operators located within its geographical boundaries; provided 23 that such local registration, license, permit or bond shall be 24 in addition to or more stringent than, and not otherwise 25 incompatible with, the provisions of this subchapter. 26 (b) Construction of subchapter.--This subchapter shall not 27 be construed to: 28 (1) Limit the authority of a municipality to license or 29 collect a general and nondiscriminatory tax upon all 30 business. 19890H2065B2725 - 11 -
1 (2) Limit any authority of a municipality to license and 2 collect a tax upon towing operations located or domiciled 3 within its jurisdiction. 4 (3) Limit any authority of the Public Utility Commission 5 to regulate motor carriers. 6 (4) Limit the authority of any municipality to impose 7 any additional requirements or conditions as part of any 8 contract to perform towing or removal services for the 9 municipality. 10 (c) Limitation on municipal regulations.--No municipality 11 may license, tax, regulate or otherwise prohibit the operation 12 of a tow operator who does not maintain a storage facility, 13 dispatch or administrative office, or other permanent presence 14 within that municipality or county. 15 Section 4. This act shall take effect in 180 days. I26L75JS/19890H2065B2725 - 12 -