HB 4325 H R&T AM 2-6
The Committee on Roads and Transportation moves to amend the bill on page 1, section 2a, line 19, by striking all of section 2a in its entirety and inserting in lieu thereof the following:
" §24A-2-2a. Regulation of business of towing, hauling or carrying wrecked or disabled vehicles.
(a) On and after July one, one thousand nine hundred eighty-two, common Common carriers by motor vehicles engaged in the business of towing, hauling or carrying wrecked or disabled vehicles shall, notwithstanding any other provision of the laws of the State of West Virginia to the contrary, be regulated by the provisions of this section and this section shall not be applicable to said carriers until such date.
(b) No common carrier by motor vehicle engaged in the business of towing, hauling or carrying wrecked or disabled vehicles and mobile homes shall be required to obtain a common carrier certificate or other certificate of authority from the commission prior to engaging in such business, however, such carrier shall not engage in such business unless and until such carrier shall have registered as a carrier with the commission in accordance with the provisions of this section.
(c) A person may not act as a common carrier by motor vehicle by engaging in the business of towing, hauling or carrying wrecked or disabled motor vehicles for hire unless that person has registered as a carrier with the Public Service Commission as provided in this section; nor, may a person continue to act as a carrier by engaging in the business of towing, hauling or carrying wrecked or disabled motor vehicles for hire if his or her registration is revoked or suspended by the commission. A person registered as a carrier under the provisions of this section may not charge, demand, collect or receive a greater remuneration for the towing, hauling or carrying of any wrecked or disabled motor vehicle than the rates, fares and charges established by the provisions of this section.
(d)(1) As used in this subsection , "towing service" means a common carrier by motor vehicle engaging in the business of towing, hauling or carrying wrecked or disabled motor vehicles for hire and required to be registered as a carrier with the Public Service Commission as provided in this section.
(2) A motor vehicle may not be towed from private property by a towing service without the consent of the owner or operator of the motor vehicle without complying with the following requirements, conditions and duties:
(A) The towing service must have prior written authorization from the owner of the private property to tow motor vehicles located on the property and such prior written authorization must be filed with the Public Service Commission prior to towing the vehicle, or the owner of the private property must be present;
(B) Beginning the first day of July, two thousand nine, a criminal background investigation of the operator of the towing vehicle must have been previously conducted by the towing service and if the investigation reveals that the operator has been convicted of a felony, the towing service must report the felony conviction of the operator to the Public Service Commission.
(C) Upon completion of the towing of the vehicle, the towing vehicle operator must immediately contact the local law-enforcement agency upon arrival at the towing destination, report the private property from which the vehicle which has been towed, the make, model and license number of the vehicle, and the address and location of the facility to where the vehicle has been towed and is stored. The local law enforcement agency to be contacted is the municipal police department, if the tow was from property in a municipality, or, the county sheriff department of the county where the private property from which vehicle was towed is located;
(D) The towing service must accept bank credit card or debit card payments for charges necessary to be paid for the recovery of the vehicle; and
(E) The towing service may not charge a storage fee for the initial twenty-four hours of service immediately following the tow.
(3) The public service commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to effectuate, implement and enforce the provisions and requirements of this subsection.
(e) The commission shall register all carriers as may make application for registration as a common carrier by motor vehicle for the purpose of engaging in the business of towing, hauling or carrying wrecked or disabled motor vehicles for hire upon satisfactory evidence to the commission that the carrier has complied with all applicable requirements of this chapter and all applicable rules and regulations of the commission. The commission shall by general order, applicable to all carriers registered under this section, fix, alter and determine just, fair, reasonable and sufficient maximum statewide or regional schedules of rates, fares and charges, and it shall establish reasonable classifications of carriers for which the schedules are applicable, but before the rates, fares and charges are fixed, altered or determined, the commission shall hold hearings in order to give all interested parties an opportunity to be heard, and it shall give reasonable notice of the hearings in the manner as the commission shall by rule prescribe. Carriers registered under the provisions of this section are subject to the regulatory powers of the commission as provided in section three of this article.
(f) Upon the complaint of any aggrieved party, the commission may suspend or revoke the registration of any person registered with the commission under the provisions of this section for the violation of any rule or regulation established by the commission and applicable to that person or for the violation of any provision of this article applicable to persons registered under the provisions of this section: Provided, That for the first violation, suspension of registration shall be for a period of not more than thirty days; and, for a second violation the commission may revoke the registration for a period of one year; and, for a third violation the commission may revoke the registration permanently. But before any suspension or revocation is effected, the person registered under this section shall first be given reasonable notice of the charges against him the person and shall be granted an opportunity to be heard by the commission or its designee in accordance with the rules and regulations for hearings as may be by rule established by the commission."


Adopted

Rejected