H. B. 2697
(By Delegates Boggs, Argento, Beach, Givens,
Martin, Michael, Perry, Ross and Walker)
[Introduced February 20, 2009; referred to the
Committee on Energy, Industry and Labor, Economic
Development and Small Business then the Judiciary.]
A BILL to amend and reenact §24A-2-2a of the Code of West Virginia,
1931, as amended, relating common carriers by motor vehicles
in the business of towing; towing of motor vehicles without
the consent of the owner or operator; requiring a written
agreement between the owner of private property and the towing
operator to be filed with the Public Service Commission;
requiring notification of the towing to local law-enforcement
agencies; requiring common carriers by motor vehicles in the
business of towing to accept use of credit or debit cards
under certain conditions; and providing when storage fees may
apply.
Be it enacted by the Legislature of West Virginia:
That §24A-2-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.
§24A-2-2a. Regulation of business of towing, hauling or carrying
wrecked or disabled vehicles.
(a) On and after July 1, 1982, 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) Provisions which govern tows without the consent of the
owner or operator of a motor vehicle are set forth as follows:
(1) If motor vehicle is towed from private property without
the consent of the owner or operator of the vehicle, the person
towing the vehicle must have prior written authorization from the
owner of the private property which authorization must be filed
with the Public Service Commission, or the owner of the private
property must be present at the site at the time of the tow and
authorize the removal of the motor vehicle from the private
property without the consent of the owner or operator of a motor
vehicle
.
(2) Upon completion of a tow without the consent of the owner
or operator of a motor vehicle
, the towing vehicle operator must
contact the local law-enforcement agency upon arrival at the towing
destination, report the private property from the vehicle which has
been towed, the make, model and license number of the vehicle and
the address and location of the facility where the vehicle has been
towed and is stored.
(3) The tow company shall make arrangements to accept credit card or debit card payments for the recovery of the vehicle by the
owner of the vehicle if the company has the requisite equipment to
process credit and debit cards.
(4) The tow company may not charge a storage fee for the
initial twenty-four hours of storage immediately following the tow.
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.
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 or her 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.
NOTE: The purpose of this bill is to regulate the towing of
motor vehicles by common carriers by motor vehicles in the business
of towing when the towing is without the consent of the owner or
operator of a motor vehicle. The bill requires a written agreement
between the owner of private property and the towing operator to be
filed with the Public Service Commission and notification of the
towing to local law-enforcement agencies. The bill also requires
common carriers by motor vehicles in the business of towing to
accept use of credit or debit cards under certain conditions unless
the towing company doesn't have the requisite equipment to process
credit and debit cards. And, the bill provides that storage fees do not apply for the first twenty-four hours after the tow.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.