FOR RELEASE
April 25, 2007

FOR INFORMATION
Representative Steve Reinhard – 614.644.1798

Representative Reinhard introduces legislation to combat towing abuses

COLUMBUS– State Representative Steve Reinhard (R- Bucyrus) introduced House Bill 187 today strengthening safety standards for tow truck operators while providing consumer protections against unscrupulous towing practices.

“This issue was first brought to my attention with the tragic death of one of my constituents, who was killed in 2005 when a tow truck pulley crashed through her windshield on I-270 in Columbus,” Reinhard said. “The tow truck operator was proven to be operating irresponsibly with faulty equipment.”

“After exploring the issue further, I discovered that Ohio’s towing industry is grossly under-regulated. This bill takes a comprehensive approach to protecting consumers by remedying the problems associated with the lack of regulation in this state,” he added.

The legislation requires safety standards for tow trucks and equipment, establishes a process to ensure that rates charged for towing are fair and clear, makes vehicle access and payment mechanisms more convenient for consumers, and creates a complaint process for victims of towing abuse.

Supporters of the legislation include law enforcement, Ohio Municipal League and Ohio Insurance Institute.

Complementing the legislation is a Website that provides Ohioans with information on this issue. The site allows those who have been treated unfairly by a towing company to share their story with others.

Download PDF version

Additional Resources:
Contact Amanda Peltier, OII, at amandap@ohioinsurance.org or 614-228-1593 for a copy of the bill.

Towing Legislation Summary

• Specifies that a tow truck operator cannot remove a vehicle from a private parking lot without authorization from the owner of the private parking lot. The bill would also increase the penalty for a violation of this provision from a minor misdemeanor to a misdemeanor of the first degree.
• Provides a municipal corporation, county or township authority to regulate the operation of tow truck operators in their jurisdiction as long as their local regulations do not conflict with any state laws or PUCO regulations.
• Specifies that no person shall engage in the business of towing motor vehicles without first obtaining a towing company license from the Public Utilities Commission of Ohio (PUCO). The bill would also provide that any tow truck operator applicant cannot have been convicted of fraud or had a civil judgment rendered against them for fraud.
• The application fee for a towing certificate would be based on the certificate holder’s gross revenue in the prior year, for the intrastate towing of motor vehicles.
• Requires all tow truck operators to provide all customers with information written in plain and clear language pursuant to a form prescribed by the PUCO outlining a customer’s rights.
• Requires all tow truck operators to file with the PUCO on an annual basis a tariff disclosing all fees and charges levied by the tow truck operator or storage facility.
• Prohibits a tow truck operator from attempting to provide any towing services unless the towing vehicle possesses at least the minimum capacity needed to perform safely the towing service.
• Prohibits wheel-lift or roll-back towing service unless a law enforcement officer requests such service or a national recognized industry publication or manufacturer has specified that such service is necessary for the proper towing of the vehicle.
• Requires tow truck operators to provide customers with an itemized invoice detailing all charges and fees for towing service and storage.
• Requires the PUCO to adopt administrative rules to provide:
  • Disclosure of rates and charges for service;
  • Minimum content of invoices;
  • Required safety equipment for towing vehicles;
  • Permissible forms of payment for services;
  • Requirements for hours of operation during weekdays and weekends that specify at a minimum the hours during which an owner or operator may reclaim a towed or stored vehicle;
  • Requirement for access to a towed or stored vehicle by an owner or operator to enable the person to retrieve personal property;
  • Uniform standards and guidelines by which a person may evidence proof of ownership or right to possession of a motor vehicle that has been towed or stored;
  • Minimum levels of liability and cargo insurance;
  • Suspension and revocation procedures;
  • Any other provisions the PUCO determines are necessary and proper to carry out the regulation of tow truck operators.

Download PDF version

To view the bill in its entirety, please visit: http://www.legislature.state.oh.us/bills.cfm?ID=127_HB_187

• Towing operator charged in scamColumbus Dispatch, October 23, 2007
• Tow-truck driver guilty of reckless homicideColumbus Dispatch, February 24, 2006
• Heavy-wrecker truck operator on trial in death of OSU studentColumbus Dispatch, February 22, 2006
• Bill would impose more stringent tow penaltiesDayton Daily News, April 28, 2004
• Man sentenced in tow-truck deathColumbus Dispatch, April 25, 2006
• The towing mazeToledo Blade, January 25, 2005
• Tow-truck operators lack city oversightColumbus Dispatch, August 7, 2005
• Off the hook Columbus Dispatch, August 15, 2005

Articles have been reprinted with permission of The Blade of Toledo and the Columbus Dispatch.

Dayton Daily News article titled “Bill would impose more stringent tow penalties,” April 28, 2004. Copyright Dayton Newspapers, Inc., all rights reserved. Reprinted with permission.