Virginia SB 492: Towing; increases maximum hookup and initial towing fee of any passenger car.

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2018 SESSION

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18100583D

SENATE BILL NO. 492 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact �� 46.2-1233 and 46.2-1233.1 of 
 the Code of Virginia, relating to towing; fees. 
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Patron-- Carrico (By Request) 

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Referred to Committee on Transportation 

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Be it enacted by the General Assembly of Virginia:

1. That �� 46.2-1233 and 46.2-1233.1 of the Code of Virginia 
 are amended and reenacted as follows:

� 46.2-1233. Localities may regulate towing fees.

A. For 
 the purposes of this section:

"Heavy 
 motor vehicle" 
 means a motor 
 vehicle that has 
 a gross vehicle weight rating of 
 at least 10,001 
 pounds.

"Medium 
 motor vehicle" 
 means a motor 
 vehicle that has 
 a gross vehicle weight rating of at least 
 7,500 pounds but less than 
 10,001 pounds.

"Standard motor 
 vehicle" means a 
 motor vehicle that has 
 a gross vehicle weight rating 
 of less 
 than 7,500 pounds.

B. The 
 governing body of any locality may by ordinance, 
 and in accordance with � 46.2-1233.2, set reasonable limits 
 on fees charged for the removal of (i) standard 
 motor vehicles, trailers, and parts thereof, (ii) medium motor 
 vehicles, 
 and (iii) heavy motor 
 vehicles, left on private property in 
 violation of � 46.2-1215 or 46.2-1231, and for the removal of trespassing vehicles under � 46.2-1215, 
 taking into consideration the fair market value of such removal.

C. Localities 
 in Planning District 8 shall establish by ordinance (i) 
 a hookup and initial towing fee of $135 (a) $150 
 for standard motor vehicles, 
 trailers, and parts thereof, 
 (b) $250 for medium motor 
 vehicles, 
 and (c) $500 for heavy motor 
 vehicles 
 and (ii) for towing a vehicle between seven o'clock 
 p.m. and eight o'clock a.m. or on any Saturday, Sunday, or holiday, an 
 additional fee of $25 per instance; however, such ordinance shall also provide 
 that in no event shall more than two such additional fees be charged for towing 
 any vehicle.

� 46.2-1233.1. Limitation on charges for towing and storage of 
 certain vehicles.

A. Unless different limits are established by ordinance of the 
 local governing body pursuant to � 46.2-1233, as to vehicles towed or removed 
 from private property, no charges imposed for the towing, storage, and 
 safekeeping of any passenger car removed, towed, or stored without the consent 
 of its owner shall be in excess of the maximum charges provided for in this 
 section. No hookup and initial towing fee 
 of any passenger car shall exceed $135 $150. 
 For towing a vehicle between seven o'clock p.m. and eight o'clock a.m. or on 
 any Saturday, Sunday, or holiday, an additional fee of no more than $25 per 
 instance may be charged; however, in no event shall more than two such fees b