As Reported by the Senate Judiciary--Civil Justice Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 129

Senator Schuler 

Cosponsors: Senators Gardner, Spada, Goodman, Seitz, Buehrer, Schuring, Fedor 

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A BILL

To enact section 4513.66 of the Revised Code to

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permit local law enforcement agencies and fire

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departments to remove motor vehicles from the

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roadway after a motor vehicle accident and to

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provide immunity to local law enforcement agencies

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and fire personnel for the removal of damaged or

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inoperable vehicles from roadways.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4513.66 of the Revised Code be	8
enacted to read as follows:	9

Sec. 4513.66.  (A) If a motor vehicle accident occurs on any	10
highway, public street, or other property open to the public for	11
purposes of vehicular travel and if any motor vehicle, cargo, or	12
personal property that has been damaged or spilled as a result of	13
the motor vehicle accident is blocking the highway, street, or	14
other property or is otherwise endangering public safety, the	15
sheriff of the county, or the chief of police of the municipal	16
corporation, township, or township police district, in which the	17
accident occurred, a state highway patrol trooper, or the chief of	18
the fire department having jurisdiction where the accident	19
occurred may, without consent of the owner but with the approval	20
of the law enforcement agency conducting any investigation of the	21
accident, remove the motor vehicle if the motor vehicle is	22
unoccupied, cargo, or personal property from the portion of the	23
highway, public street, or property ordinarily used for vehicular	24
travel on the highway, public street, or other property open to	25
the public for purposes of vehicular travel.	26

(B)(1) Except as provided in division (B)(2) or (3) of this	27
section, no employee of the department of transportation, sheriff,	28
deputy sheriff, chief of police or police officer of a municipal	29
corporation, township, or township police district, state highway	30
patrol trooper, chief of a fire department, or fire fighter who	31
authorizes or participates in the removal of any unoccupied motor	32
vehicle, cargo, or personal property as authorized by division	33
(A) of this section is liable in civil damages for any injury,	34
death, or loss to person or property that results from the	35
removal of that unoccupied motor vehicle, cargo, or personal	36
property. If the department of transportation or a sheriff, chief	37
of police of a municipal corporation, township, or township	38
police district, head of the state highway patrol, or chief of a	39
fire department authorizes, employs, or arranges to have a	40
private tow truck operator or towing company remove any	41
unoccupied motor vehicle, cargo, or personal property as	42
authorized by division (A) of this section, that private tow	43
truck operator or towing company is not liable in civil damages	44
for any injury, death, or loss to person or property that results	45
from the removal of that unoccupied motor vehicle, cargo, or	46
personal property, and the department of transportation, sheriff,	47
chief of police, head of the state highway patrol, or fire	48
department chief is not liable in civil damages for any injury,	49
death, or loss to person or property that results from the private	50
tow truck operator or towing company's removal of that unoccupied	51
motor vehicle, cargo, or personal property.	52

(2) Division (B)(1) of this section does not apply to any	53
person or entity involved in the removal of an unoccupied motor	54
vehicle, cargo, or personal property pursuant to division (A) of	55
this section if that removal causes or contributes to the	56
release of a hazardous material or to structural damage to the	57
roadway.	58

(3) Division (B)(1) of this section does not apply to a	59
private tow truck operator or towing company that was not	60
authorized, employed, or arranged by the department of	61
transportation, a sheriff, a chief of police of a municipal	62
corporation, township, or township police district, the head of	63
the state highway patrol, or a chief of a fire department.	64

(C) As used in this section, "hazardous material" has the	65
same meaning as in section 2305.232 of the Revised Code.	66