A NEW driving ‘Bill of Rights’ has been introduced as part of a list of rules that will put pressure on towing companies.
Violators will now face fines of up to $500, tow truck impoundment and even potential jail time in a major US city.
A host of new regulations have been put in place to crack down on predatory towing practices targeting drivers in a major US city[/caption]
This includes a so-called ‘bill of rights’ that must be read out to drivers[/caption]
The tow ordinance took leaders months to work through and was passed on September 11[/caption]
According to KCTV5, leaders in Kansas City, Missouri, have created a set of principles, drawn up to address predatory towing practices and improve accountability, following months of consideration.
These include detailed regulations on towing pricing, reporting requirements, police and property owner authorizations, accident scene protocols and operational requirements for tow companies.
Tow companies must must now file a price list with the Kansas City Police Department, with towing fees forbidden to exceed the listed prices – which must factor in distance, vehicle weight and other criteria.
The city has set towing prices for city-ordered tows and can even hire contractors to manage them.
Tow operators must also show customers the price list and provide a so-called “Bill of Rights for Towed Vehicles” if the owner is present.
Rules were also tweaked regarding towing from private property, with the newly-passed ordinance requiring tow companies to notify KCPD of a vehicle’s details, location, where it will be towed and the reason why it’s being towed.
Meanwhile, stolen vehicles cannot be moved and must be reported to the police, with towed vehicles to be filed to the city’s online database within two hours if towed from a posted location, or 24 hours for all other reasons.
Police can authorize towing if a vehicle is abandoned for more than 48 hours, or if it poses a safety hazard or blocks property.
And property owners can now authorize towing without police involvement if signs are posted at all entrances, if there are four units or less and it’s been 10 hours since police were notified, or if it’s simply private property and 96 hours have passed since police were notified.
Regarding accidents, tow trucks can now only respond if they’ve been called by police, a crash victim or dispatchers, and trucks must leave the scene if officers ask them to.
Showing up uninvited is illegal, unless a tow truck is providing emergency assistance or the scene is declared an emergency.
Violators to any of the rules will face fines of up to $500, jail time of up to 180 days and even potential impoundment of their tow trucks.
TOW COMPANY REQUIREMENTS
Kansas City authorities are also clamping down on how tow companies can operate in the city, with a host of new outlines.
These include requirements for tow companies to have a physical business location which maintains a fenced, lighted storage lot with 24/7 access.
They must also hold insurance coverage of at least $750,000 and display their business name, address and phone number on all tow trucks.
They must also provide police with their name, ID, employer info and documents authorizing the tow.
The tow ordinance, which Kansas City leaders have worked months on, was passed on September 11.
What to do if your car is towed
Wrongfully or not, retrieving a towed vehicle can be a hassle.
If your vehicle is towed after parking in a “No Parking” zone or other legitimate reason, there are a few steps to take to get it back.
Steps to take when your car is towed:
- Try to figure out why your car was towed. Did you not see a posted “No Parking” sign? Did you miss a car payment? Did you return to a lot where you have unpaid citations? Finding the reason can narrow down the phone numbers to dial.
- Locate the vehicle. Most states, cities, or counties require towing companies to leave some form of contact information via a posted sign or sent by mail.
- Recovery dates and times depend on the company that towed the vehicle, but those times will be posted to the website or can be recited by a representative.
- Pay the fees. Be careful to be as prompt as possible, as some tow yards may charge storage fees by the day.
If you feel your vehicle was wrongfully towed, contesting the action can be done with the following steps:
- Be prompt – many states have a small window of time where it’s acceptable to file a complaint against a company that wrongfully towed the vehicle.
- Gather supporting documents: photos, emails, receipts, police reports, and witness statements if applicable. The more evidence, the better.
- Get familiar with your local laws, as laws for towing companies vary per state.
- Try speaking with the towing company. Sometimes it may have been a simple oversight, and the matter can be resolved quickly.
- Contact the Justice of the Peace in your area, as they may have more insight or resources to help. They are often utilized for towing cases.
- Talk to a lawyer. Many lawyers have free case consultations, and depending on the case, it may be worth it to utilize a lawyer.
Source: Oregon Department of Justice, National General, Rak Law Firm
