Vermont H 268: An act relating to prohibiting the retail sale of neonicotinoid pesticides

Bill Text

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VT LEG #379117 v.2
H.268 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; involuntary towing and storage; consumer protection 5
Statement of purpose of bill as introduced: This bill proposes to establish 6
certain consumer protections related to the towing and storage of vehicles. 7
An act relating to consumer protections related to the towing and storage of 8
vehicles 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 23 V.S.A. chapter 42 is added to read: 11
CHAPTER 42. TOWING OF MOTOR VEHICLES 12
§ 4251. SHORT TITLE 13
This chapter may be cited as the “Vermont Consumer Protection Towing 14
Act.” 15
§ 4252. PURPOSE 16
The purpose of the Vermont Consumer Protection Towing Act is to 17
establish minimum standards for towing and storage services and to promote 18
fair and honest practices in the towing industry. 19

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VT LEG #379117 v.2
§ 4253. DEFINITIONS 1
As used in this chapter: 2
(1) “Automobile club” means a legal entity that, in consideration of 3
dues, assessments, or periodic payments of money, promises its members or 4
subscribers to assist them in matters relating to motor travel or the operation, 5
use, or maintenance of a motor vehicle, including auto dealers and insurance 6
companies, by supplying services, which may include towing service, 7
emergency road service, and indemnification service. 8
(2) “Dealer” has the same meaning as in subdivision 4(8) of this title. 9
(3) “Drop fee” means a charge offered instead of a standard tow fee that 10
allows an owner or operator who arrives on scene prior to a vehicle being 11
towed to stop a tow that is in process. 12
(4) “Emergency towing” means the towing of a vehicle due to a motor 13
vehicle crash, mechanical breakdown on a public highway, or other 14
emergency-related incident necessitating vehicle removal for public safety 15
with or without the owner’s or operator’s consent. 16
(5) “Government agency towing” means the towing of government-17
owned or government-controlled vehicles by the government agency that owns 18
or controls them. 19
(6) “Owner” means the person to whom a vehicle is registered or to 20
whom it is leased, if the terms of the lease require the lessee to maintain and 21

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VT LEG #379117 v.2
repair the vehicle. For the purposes of this chapter, a rental vehicle company is 1
the owner of a vehicle rented pursuant to a rental agreement. 2
(7) “Private property towing” means the towing of a vehicle, without the 3
owner’s or operator’s consent, from private property where it was illegally 4
parked, or for which some exigent circumstance necessitated its removal, to a 5
nearby location. 6
(8) “Rental vehicle company” means any person, including a franchisee, 7
in the business of renting vehicles to the public. 8
(9) “Seizure towing” means the taking of a vehicle for law enforcement 9
purposes, such as the maintenance of the chain of custody of evidence, 10
forfeiture of assets, or unpaid parking tickets. 11
(10) “Storage services” means storing a towed vehicle at a towing-12
storage lot. 13
(11) “Tow truck” means a motor vehicle equipped to tow or pick up 14
vehicles, including damaged or disabled vehicles. 15
(12) “Towing company” means any corporation, association, sole-16
proprietorship, co-partnership, company, firm, or other aggregation of 17
individuals that exists to provide towing or storage services. A towing 18
company does not include an automobile club, dealer, or insurance company. 19
(13) “Towing or storage services” means towing services or storage 20
services, or both. 21

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VT LEG #379117 v.2
(14) “Towing services” means towing or otherwise moving vehicles by 1
means of a tow truck. 2
(15) “Towing-storage lot” means a property used to store vehicles that 3
have been towed. 4
§ 4254. APPLICABILITY; RULEMAKING; COMPLAINTS 5
(a) Applicability. 6
(1) This chapter shall apply to any person engaging in, or offering to 7
engage in, the business of providing towing or storage services in Vermont. 8
This chapter shall not apply to vehicles towed into Vermont or towed through 9
Vermont, provided that the tow originates in another jurisdiction. 10
(2) Notwithstanding subdivision (1) of this subsection, this chapter shall 11
not apply to towing and storage services by an automobile club, dealer, or 12
insurance company or the towing of an abandoned motor vehicle as defined in 13
section 2151 of this title. 14
(b) Regulatory authority. This chapter confers exclusive regulatory 15
jurisdiction over towing companies and the provision of towing and storage 16
services to the Department of Motor Vehicles. 17
(c) Rulemaking. The Department shall adopt rules pursuant to 3 V.S.A. 18
chapter 25 for the administration of this chapter, including the assessment of 19
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