Missouri SB 516: Enacts provisions relating to towing of commercial vehicles

Bill Text

FIRST REGULAR SESSION
SENATE BILL NO. 516
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
1782S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to towing of commercial
vehicles, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto 1
one new section, to be known as section 304.163, to read as 2
follows:3
304.163. 1. As used in this section, the following 1
terms mean: 2
(1) "Commercial vehicle", any self-propelled or towed 3
vehicle that has a gross vehicle weight rating of more than 4
ten thousand pounds; 5
(2) "Department", the department of transportation; 6
(3) "Gross vehicle weight rating", the same meaning 7
given to the term in section 302.700; 8
(4) "Nonconsensual tow", the movement or 9
transportation of a commercial vehicle by a tow truck if 10
such movement or transportation is performed without the 11
prior consent or authorization of the owner or operator of 12
the commercial vehicle. Such term also includes any tow of 13
a commercial vehicle ordered by a law enforcement agency; 14
(5) "Tow truck", the same meaning given to the term in 15
section 304.153; 16
(6) "Towing company", the same meaning given to the 17
term in section 304.153. 18
2. The department of transportation shall establish 19
procedures to address nonconsensual towing, recovery, and 20

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cleanup practices related to the removal of commercial 21
vehicles from roadways; procedures to receive, investigate, 22
and adjudicate complaints from an owner, operator, or 23
insurer of a commercial vehicle involved in a nonconsensual 24
tow; and procedures for prohibiting towing companies from 25
performing nonconsensual tows if they are found to be in 26
violation of this section. The procedures developed under 27
this section shall be contained in the department of 28
transportation's towing services standards manual. All 29
nonconsensual towing and recovery services shall comply with 30
this section, the department of transportation's towing 31
services standards manual, and all other applicable laws and 32
regulations. 33
3. The procedures established by the department under 34
this section shall include, at a minimum: 35
(1) A process for an owner, operator, or insurer of a 36
commercial vehicle to file a complaint against a towing 37
company. All complaints filed under this section shall 38
contain the name of the complainant; the complainant's 39
address; the complainant's phone number; the complainant's 40
email address, if available; the name of the towing company; 41
the causes of the complaint; and any other facts and 42
documentation determined by rule to be of assistance to the 43
department in investigating the complaint; 44
(2) A process for the department to review a 45
complaint, any supporting facts and documentation, and 46
render an initial finding. The department shall ensure its 47
process includes an opportunity for the complainant or 48
towing company to appeal an initial decision before the 49
department makes a final determination on the matter; 50
(3) Factors the department shall consider in 51
determining whether a charge levied by a towing company was 52

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fair and reasonable. Such factors may include, without 53
limitation, whether the towing vehicles, all other 54
equipment, and number of employees and contractors were 55
required to complete the tow; whether the charges are fair, 56
reasonable, and customary; whether the total amount of time 57
required for the service was necessary; the location of the 58
vehicle being recovered; materials or cargo involved; and 59
any other information regarding the recovery, towing, or 60
storage of a commercial vehicle; 61
(4) Requirements for information that shall be 62
included on every nonconsensual towing and recovery invoice, 63
such as the name, address, and telephone number of the 64
towing company; the date and time that the request for 65
service was received; contact information for the party that 66
requested the service; and the time of dispatch, time of 67
arrival at the scene, and time at which the scene was 68
cleared. Every invoice for a nonconsensual tow shall 69
include the words: 70
"Nonconsensual tows are regulated by the 71
Missouri Department of Transportation. If you 72
feel that you have been treated unfairly or 73
provided a service that was unnecessary, you may 74
file a complaint with the Missouri Department of 75
Transportation."; 76
(5) A disciplinary matrix for any towing company found 77
to be in violation of this section or the department of 78
transportation towing services standards manual. The matrix 79
shall: 80
(a) Be weighted based on the severity and number of 81
violations; 82

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(b) Include provisions for permanently or temporarily 83
prohibiting a towing company from performing nonconsensual 84
tows; and 85
(c) Include a process for