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| PRIOR PRINTER'S NO. 2824 | PRINTER'S NO. 3127 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DeLUCA, MICOZZIE, BELFANTI, COHEN, D. COSTA, DEASY, GILLESPIE, JOSEPHS, MURT, SABATINA, SIPTROTH, THOMAS, WATERS, HARKINS AND KORTZ, OCTOBER 16, 2009 |
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| AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 25, 2010 |
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| AN ACT |
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1 | Providing for standards for towing and for violations. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Towing |
6 | Standards Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Tow truck operator." A person or entity performing towing |
12 | in this Commonwealth. |
13 | "Towing." The moving or removing of a motor vehicle upon the |
14 | direction of a police officer or of a damaged or disabled motor |
15 | vehicle from public or private property, including a storage |
16 | facility, regardless of whether the owner or vehicle operator |
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1 | consents and for which a fee, not including dues to a club or |
2 | association which provides such services, is charged. |
3 | Section 3. Towing standards. |
4 | (a) Fees.--A tow truck operator shall clearly and |
5 | conspicuously disclose its fees for towing, storage and other |
6 | related services and its hours of operation on preprinted |
7 | contracts or written schedules and shall post its fees and hours |
8 | of operation at its storage facility. |
9 | (b) Time of notice.--A tow truck operator shall provide the |
10 | information required under subsection (a) to a vehicle owner |
11 | prior to towing. If the vehicle owner is not present or is |
12 | incapacitated not able to operate a vehicle when the vehicle is | <-- |
13 | towed, a tow truck operator shall provide such information upon |
14 | being contacted by the owner or at the time the owner or his |
15 | representative is presented with a bill for towing. |
16 | (c) Accident or disabled motor vehicle.--A tow truck |
17 | operator shall render towing at the scene of a motor vehicle |
18 | accident or a disabled motor vehicle only if summoned to the |
19 | scene by the owner or operator of the motor vehicle or a police |
20 | officer. |
21 | (d) Repair and storage.--A As a condition of towing a | <-- |
22 | damaged or disabled vehicle, a tow truck operator shall not |
23 | secure the signature of the owner or operator of the motor |
24 | vehicle on a document that includes authorization to repair the |
25 | vehicle or to authorize storage of the vehicle for more than 24 |
26 | hours. |
27 | (e) Release of towed vehicle.--A tow truck operator shall |
28 | not refuse during its posted hours of operation to release a |
29 | towed motor vehicle upon request from the owner of the vehicle, |
30 | a person authorized by the owner to regain possession, the | <-- |
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1 | insurer of the vehicle or a tower or salvor acting on behalf of | <-- |
2 | such an insurer accompanied by tender of cash, credit card from |
3 | a common issuer or a check from an insurance company or | <-- |
4 | authorized tower or salvor acting on behalf of the motor vehicle |
5 | owner or insurance company check for towing and storage charges. | <-- |
6 | (f) Notice of vehicle location.--A tow truck operator within |
7 | 24 hours of completing a tow shall notify the owner of the |
8 | vehicle and, if known to the tow truck operator, the insurer of |
9 | the vehicle of the address and telephone number of the location |
10 | to which the vehicle was taken. |
11 | (g) Access to vehicle.--A tow truck operator shall provide | <-- |
12 | hours of operation that reasonably allow access to a towed |
13 | vehicle and shall grant reasonable access to the towed vehicle |
14 | during its posted hours of operation for the purpose of |
15 | inspection and retrieval. |
16 | (h) Storage fee prohibited.--A tow truck operator shall not |
17 | charge a storage fee for any period during which it has refused |
18 | to allow authorized inspection of the vehicle under inspection |
19 | rights in 75 Pa.C.S. § 1799.4 (relating to examination of |
20 | vehicle repairs) or section 11 of the act of December 29, 1972 |
21 | (P.L.1713, No.367), known as the Motor Vehicle Physical Damage |
22 | Appraiser Act. |
23 | Section 4. Violations. |
24 | A violation of this act is also a violation of the act of |
25 | December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade |
26 | Practices and Consumer Protection Law. |
27 | Section 5. Coordination of laws. |
28 | (a) Local and municipal ordinances.--This act supersedes |
29 | local or municipal ordinances only to the extent that those |
30 | ordinances permit towing and storage activities or charges that |
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1 | are in conflict with this act. |
2 | (b) Federal law.--If any portion of this act is preempted or |
3 | superseded by Federal law or is declared invalid by any court of |
4 | competent jurisdiction, the remainder of this act shall remain |
5 | in effect. |
6 | Section 6. Effective date. |
7 | This act shall take effect in 60 days. |
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