As Reported by the House Commerce, Labor, and Technology Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 382

Representatives Duffey, Bishoff 

Cosponsors: Representatives Adams, J., Terhar, Becker, Dovilla, Grossman, Henne, Hood, Mallory, Fedor, Ramos, Blessing, Heard, Hagan, R., Young, Barborak, Conditt 

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A BILL

To amend sections 4513.60, 4513.64, 4921.25, and

1

4923.99 and to enact sections 4513.601, 4921.251,

2

and 4921.252 of the Revised Code to revise the

3

procedures and penalties governing the towing of

4

motor vehicles from a private tow-away zone and to

5

require the Public Utilities Commission to adopt

6

certain rules regarding a for-hire motor carrier

7

engaged in such towing.

8

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

Section 1. That sections 4513.60, 4513.64, 4921.25, and	9
4923.99 be amended and sections 4513.601, 4921.251, and 4921.252	10
of the Revised Code be enacted to read as follows:	11

Sec. 4513.60.  (A)(1) The sheriff of a county or chief of	12
police of a municipal corporation, township, or township or joint	13
police district, within the sheriff's or chief's respective	14
territorial jurisdiction, upon complaint of any person adversely	15
affected, may order into storage any motor vehicle, other than an	16
abandoned junk motor vehicle as defined in section 4513.63 of the	17
Revised Code, that has been left on private residential or private	18
agricultural property for at least four hours without the	19
permission of the person having the right to the possession of the	20
property. The sheriff or chief of police, upon complaint of the	21
owner of a repair garage or place of storage, may order into	22
storage any motor vehicle, other than an abandoned junk motor	23
vehicle, that has been left at the garage or place of storage for	24
a longer period than that agreed upon. The sheriff or chief of	25
police shall designate the place of storage shall be designated by	26
the sheriff or chief of police. When ordering a motor vehicle into	27
storage pursuant to this division, a sheriff or chief of police,	28
whenever possible, shall arrange for the removal of the motor	29
vehicle by a private tow truck operator or towing company. Subject	30
to division (C)(B) of this section, the owner of a motor vehicle	31
that has been removed pursuant to this division may recover the	32
vehicle only in accordance with division (E)(D) of this section.	33

(2) Divisions (A)(1) to (3) of this section do not apply to	34
any private residential or private agricultural property that is	35
established as a private tow-away zone in accordance with division	36
(B) of this section.	37

(3) As used in divisions (A)(1) and (2) of this section,	38
"private residential property" means private property on which is	39
located one or more structures that are used as a home, residence,	40
or sleeping place by one or more persons, if no more than three	41
separate households are maintained in the structure or structures.	42
"Private residential property" does not include any private	43
property on which is located one or more structures that are used	44
as a home, residence, or sleeping place by two or more persons, if	45
more than three separate households are maintained in the	46
structure or structures.	47

(B)(1) The owner of private property may establish a private	48
tow-away zone only if all of the following conditions are	49
satisfied:	50

(a) The owner posts on the owner's property a sign, that is	51
at least eighteen inches by twenty-four inches in size, that is	52
visible from all entrances to the property, and that contains at	53
least all of the following information:	54

(i) A notice that the property is a private tow-away zone and	55
that vehicles not authorized to park on the property will be towed	56
away;	57

(ii) The telephone number of the person from whom a	58
towed-away vehicle can be recovered, and the address of the place	59
to which the vehicle will be taken and the place from which it may	60
be recovered;	61

(iii) A statement that the vehicle may be recovered at any	62
time during the day or night upon the submission of proof of	63
ownership and the payment of a towing charge, in an amount not to	64
exceed ninety dollars, and a storage charge, in an amount not to	65
exceed twelve dollars per twenty-four-hour period; except that the	66
charge for towing shall not exceed one hundred fifty dollars, and	67
the storage charge shall not exceed twenty dollars per	68
twenty-four-hour period, if the vehicle has a manufacturer's gross	69
vehicle weight rating in excess of ten thousand pounds and is a	70
truck, bus, or a combination of a commercial tractor and trailer	71
or semitrailer.	72

(b) The place to which the towed vehicle is taken and from	73
which it may be recovered is conveniently located, is well	74
lighted, and is on or within a reasonable distance of a regularly	75
scheduled route of one or more modes of public transportation, if	76
any public transportation is available in the municipal	77
corporation or township in which the private tow-away zone is	78
located.	79

(2) If a vehicle is parked on private property that is	80
established as a private tow-away zone in accordance with division	81
(B)(1) of this section, without the consent of the owner of the	82
property or in violation of any posted parking condition or	83
regulation, the owner or the owner's agent may remove, or cause	84
the removal of, the vehicle, the owner and the operator of the	85
vehicle shall be deemed to have consented to the removal and	86
storage of the vehicle and to the payment of the towing and	87
storage charges specified in division (B)(1)(a)(iii) of this	88
section, and the owner, subject to division (C) of this section,	89
may recover a vehicle that has been so removed only in accordance	90
with division (E) of this section.	91

(3) If a municipal corporation requires tow trucks and tow	92
truck operators to be licensed, no owner of private property	93
located within the municipal corporation shall remove, or shall	94
cause the removal and storage of, any vehicle pursuant to division	95
(B)(2) of this section by an unlicensed tow truck or unlicensed	96
tow truck operator.	97

(4) Divisions (B)(1) to (3) of this section do not affect or	98
limit the operation of division (A) of this section or sections	99
4513.61 to 4513.65 of the Revised Code as they relate to property	100
other than private property that is established as a private	101
tow-away zone under division (B)(1) of this section.	102

(C) If the owner or operator of a motor vehicle that has been	103
ordered into storage pursuant to division (A)(1) of this section	104
or of a vehicle that is being removed under authority of division	105
(B)(2) of this section arrives after the motor vehicle or vehicle	106
has been prepared for removal, but prior to its actual removal	107
from the property, the tow truck operator shall give the owner or	108
operator shall be given the opportunity to pay a fee of not more	109
than one-half of the charge for the removal of motor vehicles	110
under division (A)(1) of this section or of vehicles under	111
division (B)(2) of this section, whichever is applicable, that	112
normally is assessed by the person who has prepared the motor	113
vehicle or vehicle for removaltow truck operator, in order to	114
obtain release of the motor vehicle or vehicle. Upon payment of	115
that fee, the tow truck operator shall release the motor vehicle	116
or vehicle shall be released to the owner or operator, and upon.	117
Upon its release, the owner or operator immediately shall move it	118
so that:	119

(1) If the motor vehicle was ordered into storage pursuant to	120
division (A)(1) of this section, it is not on the private	121
residential or private agricultural property without the	122
permission of the person having the right to possession of the	123
property, or is not at the garage or place of storage without the	124
permission of the owner, whichever is applicable.	125

(2) If the vehicle was being removed under authority of	126
division (B)(2) of this section, it is not parked on the private	127
property established as a private tow-away zone without the	128
consent of the owner or in violation of any posted parking	129
condition or regulation.	130

(D)(1) If an owner of private property that is established as	131
a private tow-away zone in accordance with division (B)(1) of this	132
section or the authorized agent of such an owner removes or causes	133
the removal of a vehicle from that property under authority of	134
division (B)(2) of this section, the owner or agent promptly shall	135
notify the police department of the municipal corporation,	136
township, or township or joint police district in which the	137
property is located, of the removal, the vehicle's license number,	138
make, model, and color, the location from which it was removed,	139
the date and time of its removal, the telephone number of the	140
person from whom it may be recovered, and the address of the place	141
to which it has been taken and from which it may be recovered.	142

(2)(C)(1) Each county sheriff and each chief of police of a	143
municipal corporation, township, or township or joint police	144
district shall maintain a record of motor vehicles that the	145
sheriff or chief orders into storage pursuant to division (A)(1)	146
of this section and of vehicles removed from private property in	147
the sheriff's or chief's jurisdiction that is established as a	148
private tow-away zone of which the sheriff or chief has received	149
notice under division (D)(1) of this section. The record shall	150
include an entry for each such motor vehicle or vehicle that	151
identifies the motor vehicle's or vehicle's license number, make,	152
model, and color, the location from which it was removed, the date	153
and time of its removal, the telephone number of the person from	154
whom it may be recovered, and the address of the place to which it	155
has been taken and from which it may be recovered. AnyA sheriff	156
or chief of police shall provide any information in the record	157
that pertains to a particular motor vehicle or vehicle shall be	158
provided to any person who, either in person or pursuant to a	159
telephone call, identifies self as the owner or operator of the	160
motor vehicle or vehicle and requests information pertaining to	161
its location.	162

(3)(2) Any person who registers a complaint that is the basis	163
of a sheriff's or police chief's order for the removal and storage	164
of a motor vehicle under division (A)(1) of this section shall	165
provide the identity of the law enforcement agency with which the	166
complaint was registered to any person who identifies self as the	167
owner or operator of the motor vehicle and requests information	168
pertaining to its location.	169

(E)(D) The owner of a motor vehicle that is ordered into	170
storage pursuant to division (A)(1) of this section or of a	171
vehicle that is removed under authority of division (B)(2) of this	172
section may reclaim it upon payment of any expenses or charges	173
incurred in its removal, in an amount not to exceed ninety	174
dollars, and storage, in an amount not to exceed twelve dollars	175
per twenty-four-hour period; except that the charge for towing	176
shall not exceed one hundred fifty dollars, and the storage charge	177
shall not exceed twenty dollars per twenty-four-hour period, if	178
the vehicle has a manufacturer's gross vehicle weight rating in	179
excess of ten thousand pounds and is a truck, bus, or a	180
combination of a commercial tractor and trailer or semitrailer.	181
Presentation ofThe owner of the motor vehicle also shall present	182
proof of ownership, which may be evidenced by a certificate of	183
title to the motor vehicle or vehicle also shall be required for	184
reclamation ofin order to reclaim the vehicle. If a motor vehicle	185
that is ordered into storage pursuant to division (A)(1) of this	186
section remains unclaimed by the owner for thirty days, the	187
procedures established by sections 4513.61 and 4513.62 of the	188
Revised Code shall apply.	189

(F)(E) No person shall remove, or cause the removal of, any	190
vehicle from private property that is established as a private	191
tow-away zone under division (B)(1) of this section other than in	192
accordance with division (B)(2) of this section, and no person	193
shall remove, or cause the removal of, any motor vehicle from any	194
other private residential or private agricultural property other	195
than in accordance with division (A)(1) of this section or	196
sections 4513.61 to 4513.65 of the Revised Code.	197

(F) This section does not apply to any private residential or	198
private agricultural property that is established as a private	199
tow-away zone in accordance with section 4513.601 of the Revised	200
Code.	201

(G) Whoever violates division (B)(3) or (F)(E) of this	202
section is guilty of a minor misdemeanor.	203

Sec. 4513.601.  (A) The owner of private property may	204
establish a private tow-away zone, but may do so only if all of	205
the following conditions are satisfied:	206

(1) The owner posts on the owner's property a sign, that is	207
at least eighteen inches by twenty-four inches in size, that is	208
visible from all entrances to the property, and that contains only	209
the following information:	210

(a) A statement that the property is a tow-away zone;

211

(b) A description of persons authorized to park on the	212
property. If the property is a residential property, the owner of	213
the private property may include on the sign a statement that only	214
tenants and guests may park in the private tow-away zone, subject	215
to the terms of the property owner. If the property is a	216
commercial property, the owner of the private property may include	217
on the sign a statement that only customers may park in the	218
private tow-away zone. In all cases, if it is not apparent which	219
persons may park in the private tow-away zone, the owner shall	220
include on the sign the address of the property on which the	221
private tow-away zone is located or the name of the business which	222
is located on the property designated as a private tow-away zone.	223

(c) If the private tow-away zone is not enforceable at all	224
times, the times during which the parking restrictions are	225
enforced;	226

(d) The telephone number and the address of the place from	227
which a towed vehicle may be recovered at any time during the day	228
or night;	229

(e) The telephone number of the public utilities commission	230
and a statement that if a person disputes the tow, the person may	231
contact the commission.	232

The owner of property that has been established as a private	233
tow-away zone under section 4513.60 of the Revised Code as that	234
section existed prior to the effective date of this section may	235
retain existing private tow-away zone signs that comply with that	236
section for up to five years after the effective date of this	237
section. At any time, in order to comply with the requirements of	238
division (B)(1) of this section, such a property owner may modify	239
the existing sign by affixing to the existing sign stickers or an	240
addendum in lieu of replacing the sign.	241

(2) All of the following apply to the place to which a towed	242
vehicle may be taken and from which it may be recovered:	243

(a) It is located within twenty linear miles of the location	244
of the private tow-away zone, unless it is not practicable to take	245
the vehicle to a place of storage within twenty linear miles.	246

(b) It is well lighted.

247

(c) It is on or within a reasonable distance of a regularly	248
scheduled route of one or more modes of public transportation, if	249
any public transportation is available in the municipal	250
corporation or township in which the private tow-away zone is	251
located.	252

(3) The towing service and storage facility used by the owner	253
of the private property that is established as a private tow-away	254
zone accepts major credit cards for payment of all applicable	255
charges at the location of the private tow-away zone prior to the	256
actual removal of the vehicle from the property as specified under	257
division (C) of this section, as well as at the storage facility	258
to which the vehicle is removed.	259

(B)(1) If a vehicle is parked on private property that is	260
established as a private tow-away zone in accordance with division	261
(A) of this section, without the consent of the owner of the	262
property or in violation of any posted parking condition or	263
regulation, the owner may cause the removal of the vehicle by a	264
towing service pursuant to a written contract for the removal of	265
vehicles so long as the contract contains all terms that are	266
required by the public utilities commission under section 4921.25	267
of the Revised Code. The towing service shall remove the vehicle	268
in accordance with this section and in accordance with applicable	269
rules of the public utilities commission adopted under section	270
4921.25 of the Revised Code governing vehicle removal by a	271
for-hire motor carrier. The vehicle owner and the operator of the	272
vehicle are considered to have consented to the removal and	273
storage of the vehicle and to the payment of the applicable fees	274
so long as those fees do not exceed the maximum applicable fees	275
established in rules adopted by the public utilities commission	276
under section 4921.25 of the Revised Code. The owner or lienholder	277
of a vehicle that has been removed under this section, subject to	278
division (C) of this section, may recover the vehicle in	279
accordance with division (F) of this section.	280

(2) If a municipal corporation requires tow trucks and tow	281
truck operators to be licensed, no owner of private property	282
located within the municipal corporation shall cause the removal	283
and storage of any vehicle pursuant to division (B) of this	284
section by an unlicensed tow truck or unlicensed tow truck	285
operator.	286

(C)(1) If the owner or operator of a vehicle that is being	287
removed under authority of division (B) of this section arrives	288
after the vehicle has been prepared for removal, but prior to its	289
actual removal from the property, the towing service shall give	290
the vehicle owner or operator oral or written notification at the	291
time of such arrival that the vehicle owner or operator may pay a	292
fee of not more than one-half of the fee for the removal of the	293
vehicle established by the public utilities commission in rules	294
adopted under section 4921.25 of the Revised Code in order to	295
obtain release of the vehicle. Upon payment of that fee, which may	296
be made by use of a major credit card, the towing service shall	297
give the vehicle owner or operator a receipt showing both the full	298
amount normally assessed and the actual amount received and shall	299
release the vehicle to the owner or operator. Upon its release,	300
the owner or operator immediately shall move the vehicle so that	301
the vehicle is not parked on the private property established as a	302
private tow-away zone without the consent of the owner or in	303
violation of any posted parking condition or regulation.	304

(2) As used in division (C) of this section:

305

(a) "Vehicle has been prepared for removal" means the vehicle	306
has been loaded onto a tow vehicle or any part of the vehicle has	307
been placed upon or connected in any manner to an assembly that is	308
connected to the tow vehicle that enables the tow vehicle to tow	309
the vehicle.	310

(b) "Prior to its actual removal from the property" means,	311
after a vehicle has been prepared for removal, any part of the	312
vehicle that is being towed or any part of the tow vehicle,	313
including a tire and wheel assembly, is on the property from which	314
the vehicle is being towed.	315

(D)(1) Prior to towing a vehicle under division (B) of this	316
section, a towing service shall make all reasonable efforts to	317
take as many photographs as necessary to evidence that the vehicle	318
is clearly parked on private property in violation of a private	319
tow-away zone established under division (A) of this section.	320

The towing service shall record the time and date of the	321
photographs taken under this section. The towing service shall	322
retain the photographs and the record of the time and date, in	323
electronic or printed form, for at least thirty days after the	324
date on which the vehicle is recovered by the owner or lienholder	325
or at least two years after the date on which the vehicle was	326
towed, whichever is earlier.	327

(2) A towing service shall deliver a vehicle towed under	328
division (B) of this section to the location from which it may be	329
recovered not more than two hours after the time it was removed	330
from the private tow-away zone.	331

(E)(1) If an owner of private property that is established as	332
a private tow-away zone in accordance with division (A) of this	333
section causes the removal of a vehicle from that property by a	334
towing service pursuant to a written contract under division (B)	335
of this section, the towing service, within two hours of removing	336
the vehicle, shall provide notice to the sheriff of the county or	337
the police department of the municipal corporation, township, or	338
township or joint police district in which the property is located	339
concerning all of the following:	340

(a) The vehicle's license number, make, model, and color;

341

(b) The location from which the vehicle was removed;

342

(c) The date and time the vehicle was removed;

343

(d) The telephone number of the person from whom the vehicle	344
may be recovered;	345

(e) The address of the place from which the vehicle may be	346
recovered.	347

(2) Each county sheriff and each chief of police of a	348
municipal corporation, township, or township or joint police	349
district shall maintain a record of any vehicle removed from	350
private property in the sheriff's or chief's jurisdiction that is	351
established as a private tow-away zone of which the sheriff or	352
chief has received notice under this section. The record shall	353
include all information submitted by the towing service. Any	354
information in the record that pertains to a particular vehicle	355
shall be provided to any person who, either in person or pursuant	356
to a telephone call, identifies self as the owner, operator, or	357
lienholder of the vehicle and requests information pertaining to	358
the location of the vehicle.	359

(F)(1) The owner or lienholder of a vehicle that is removed	360
under authority of division (B) of this section may reclaim it	361
upon presentation of proof of ownership and payment of all	362
applicable fees in conformance with the rules adopted by the	363
public utilities commission under section 4921.25 of the Revised	364
Code.	365

(2) A towing service or storage facility in possession of a	366
motor vehicle that is removed under authority of division (B) of	367
this section shall show the vehicle owner, operator, or lienholder	368
who contests the removal of the vehicle all photographs taken	369
under division (D) of this section. Upon request, the towing	370
service or storage facility shall provide copies of all	371
photographs in the medium in which the photographs are stored,	372
whether paper, electronic, or otherwise. The towing service or	373
storage facility also shall give written notice to the owner,	374
operator, or lienholder stating that if the owner, operator, or	375
lienholder disputes that the vehicle was lawfully towed, the	376
owner, operator, or lienholder may contact the public utilities	377
commission about the options for contesting the tow, including	378
mediation and legal action.	379

(3) Upon presentation of proof of ownership in conformance	380
with the rules adopted by the public utilities commission under	381
section 4921.25 of the Revised Code, the owner of a vehicle that	382
is removed under authority of division (B) of this section may	383
retrieve any personal items from the vehicle without retrieving	384
the vehicle and without paying any fee. For purposes of division	385
(F)(3) of this section, "personal items" do not include any items	386
that are attached to the vehicle.	387

(G)(1) No towing service or storage facility shall remove, or	388
cause the removal of, any vehicle from private property that is	389
established as a private tow-away zone under this section or store	390
such a vehicle other than in accordance with this section and	391
applicable rules adopted by the public utilities commission under	392
section 4921.25 of the Revised Code.	393

(2) No towing service or storage facility shall fail to show	394
or provide photographs to a vehicle owner, operator, or lienholder	395
who contests the removal of a vehicle or fail to provide the	396
written notice in accordance with division (F)(2) of this section.	397

(3) No towing service or storage facility shall charge or	398
collect any fee that exceeds the maximum applicable fee	399
established by the public utilities commission under section	400
4921.25 of the Revised Code, charge or collect any fee that is not	401
authorized by the public utilities commission under that division,	402
or refuse to accept a major credit card for the payment of the	403
applicable fees.	404

(4) No towing service or storage facility shall refuse to	405
allow the owner of a vehicle to retrieve personal items from the	406
vehicle in accordance with division (F) of this section or charge	407
or collect any fee related to the retrieval of such personal	408
items.	409

(5) No towing service that is removing a vehicle under this	410
section shall fail to inform a vehicle owner or operator of the	411
opportunity to pay a reduced fee under division (C) of this	412
section if the vehicle owner or operator arrives after the motor	413
vehicle or vehicle has been prepared for removal, but prior to its	414
actual removal from the property.	415

(6) No towing service shall fail to display the business	416
telephone number of the towing service on both sides of the towing	417
vehicle in accordance with rules adopted by the public utilities	418
commission under section 4921.25 of the Revised Code.	419

(7) No towing service shall offer, and no property owner	420
shall accept, any compensation, financial or otherwise, in	421
exchange for the authorization of the towing service to remove	422
vehicles from a private tow-away zone.	423

(H) This section does not affect or limit the operation of	424
section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code	425
as they relate to property other than private property that is	426
established as a private tow-away zone under division (A) of this	427
section.	428

(I) The owner of any towing service or storage facility or	429
property owner that violates any applicable provision of division	430
(G) of this section is guilty of a minor misdemeanor on the first	431
offense, a misdemeanor of the fourth degree on the second offense,	432
and a misdemeanor of the third degree on the third or subsequent	433
offense.	434

(J) In addition to any penalty imposed under division (I) of	435
this section, any for-hire motor carrier engaged in the towing of	436
motor vehicles who violates division (G) of this section is	437
subject to sanctions imposed by the public utilities commission by	438
rule adopted under section 4921.25 of the Revised Code.	439

Sec. 4513.64.  (A) No person shall willfully leave an	440
abandoned junk motor vehicle as defined in section 4513.63 of the	441
Revised Code on private property for more than seventy-two hours	442
without the permission of the person having the right to the	443
possession of the property, or on a public street or other	444
property open to the public for purposes of vehicular travel or	445
parking, or upon or within the right-of-way of any road or	446
highway, for forty-eight hours or longer without notification to	447
the sheriff of the county or chief of police of the municipal	448
corporation, township, or township or joint police district of the	449
reasons for leaving the motor vehicle in such place.	450

For purposes of this section, the fact that a motor vehicle	451
has been so left without permission or notification is prima-facie	452
evidence of abandonment.	453

Nothing contained in sections 4513.60, 4513.601, 4513.61, and	454
4513.63 of the Revised Code shall invalidate the provisions of	455
municipal ordinances or township resolutions regulating or	456
prohibiting the abandonment of motor vehicles on streets,	457
highways, public property, or private property within municipal	458
corporations or townships.	459

(B) Whoever violates this section is guilty of a minor	460
misdemeanor and shall also be assessed any costs incurred by the	461
county, township, joint police district, or municipal corporation	462
in disposing of the abandoned junk motor vehicle that is the basis	463
of the violation, less any money accruing to the county, township,	464
joint police district, or municipal corporation from this disposal	465
of the vehicle.	466

Sec. 4921.25. (A) Any person, firm, copartnership, voluntary	467
association, joint-stock association, company, or corporation,	468
wherever organized or incorporated, that is engaged in the towing	469
of motor vehicles is subject to regulation by the public utilities	470
commission as a for-hire motor carrier under this chapter. Such an	471
entity is not subject to any ordinance, rule, or resolution of a	472
municipal corporation, county, or township that provides for the	473
licensing, registering, or regulation of entities that tow motor	474
vehicles.	475

(B) The commission shall adopt rules under Chapter 111. of	476
the Revised Code that do all of the following:	477

(1) Establish the acceptable scope of consumer protection or	478
public safety regulations applicable to a for-hire motor carrier	479
engaged in the towing of motor vehicles under section 4513.601 of	480
the Revised Code that a county or township may adopt pursuant to a	481
resolution;	482

(2)(a) Establish the following fees that may be charged by a	483
for-hire motor carrier engaged in the towing of motor vehicles	484
under section 4513.601 of the Revised Code:	485

(i) For five years after the effective date of this	486
amendment, a maximum fee for the removal of a vehicle of ninety	487
dollars; or for a vehicle that has a manufacturer's gross vehicle	488
weight rating in excess of ten thousand pounds that is a truck,	489
bus, or a combination of commercial tractor and trailer or	490
semitrailer, a maximum fee of one hundred fifty dollars;	491

(ii) For five years after the effective date of this	492
amendment, a maximum storage fee of twelve dollars per	493
twenty-four-hour period, except the first twenty-four-hour period	494
during which no fee shall be assessed; or for a vehicle that has a	495
manufacturer's gross vehicle weight rating in excess of ten	496
thousand pounds that is a truck, bus, or a combination of	497
commercial tractor and trailer or semitrailer, a maximum storage	498
fee of twenty dollars per twenty-four-hour period, except the	499
first twenty-four-hour period during which no fee shall be	500
assessed;	501

(iii) Any other fees as determined by the commission in	502
addition to the maximum vehicle removal and storage fees. The	503
commission shall establish a maximum amount that may be charged	504
for each type of fee established by the commission under division	505
(B)(2)(a)(iii) of this section.	506

(b) Beginning five years after the effective date of this	507
amendment, the commission may revise the maximum vehicle removal	508
and storage fees established under divisions (B)(2)(a)(i) and (ii)	509
of this section. The commission may modify the fees established	510
under division (B)(2)(a)(iii) of this section at any time.	511

(c) The commission shall conduct a review of the fees	512
established by the commission every five years beginning five	513
years after the effective date of this amendment.	514

(3) Require the display of the business telephone number of a	515
for-hire motor carrier engaged in the towing of motor vehicles	516
under section 4513.601 of the Revised Code on both sides of a	517
vehicle used by the motor carrier to tow other vehicles. The rules	518
shall require the telephone number to be displayed in a manner	519
that is readily legible and consistent with applicable markings	520
required under federal law for a commercial motor vehicle.	521

(4) Establish safety standards for the type of equipment	522
necessary to safely remove and tow vehicles based on the type of	523
vehicle being removed or towed;	524

(5) Establish standards for the removal of a vehicle from a	525
private tow-away zone by a for-hire motor carrier engaged in the	526
towing of motor vehicles in addition to standards and requirements	527
established under section 4513.601 of the Revised Code. The	528
standards may vary based on whether the private tow-away zone is	529
located on residential, retail, or other commercial property.	530

(6) Establish minimum terms that must be part of a written	531
contract between a property owner and a towing service in order	532
for the towing service to remove a vehicle under section 4513.601	533
of the Revised Code, including all of the following:	534

(a) The circumstances under which a towing service may remove	535
vehicles from the private tow-away zone;	536

(b) The hours during which the towing service may remove	537
vehicles from the private tow-away zone;	538

(c) A description of the area in which the towing	539
restrictions may be enforced.	540

(7) Determine which documents may be used by the owner or	541
lienholder of a vehicle to establish proof of ownership of a	542
vehicle that is in the possession of a for-hire motor carrier	543
engaged in the towing of motor vehicles for purposes of section	544
4513.601 of the Revised Code;	545

(8) Establish a procedure for any vehicle owner or	546
lienholder, or any company that insures the vehicle, to file a	547
complaint against a for-hire motor carrier engaged in the towing	548
of motor vehicles alleging a violation of division (G) of section	549
4513.601 of the Revised Code;	550

(9) Establish procedures and requirements governing mediation	551
and arbitration conducted under section 4921.251 of the Revised	552
Code;	553

(10) Establish a schedule of sanctions to be imposed on a	554
for-hire motor carrier engaged in the towing of motor vehicles	555
under section 4513.601 of the Revised Code for a violation of	556
division (G) of that section or a rule adopted under this section,	557
that may include a monetary fine and, in the manner provided in	558
section 4921.07 of the Revised Code, the suspension or revocation	559
of the certificate of public convenience and necessity issued to	560
the for-hire motor carrier. Any monetary fines collected pursuant	561
to division (B)(10) of this section shall be deposited in the	562
public utilities transportation safety fund created in section	563
4921.21 of the Revised Code and shall be utilized only for	564
purposes of administering the duties of the commission under this	565
section and section 4921.251 of the Revised Code.	566

(11) Adopt any other rules necessary to carry out the	567
purposes of this section.	568

(C) No person shall knowingly falsify or fail to submit any	569
information required to be submitted to the commission under this	570
section or a rule adopted under it.	571

Sec. 4921.251.  (A)(1) A person whose vehicle has been towed	572
under section 4513.601 of the Revised Code and who disputes some	573
aspect of the removal by the towing service may request the public	574
utilities commission to facilitate mediation between the vehicle	575
owner and the towing service. The commission shall request the	576
towing service to participate in the mediation hearing.	577

(2) If the towing service agrees to participate in the	578
mediation hearing, the commission shall hold the hearing as	579
expeditiously as possible, at a time and location determined by	580
the commission. During the hearing, the commission shall mediate	581
the dispute between the person and the towing service and attempt	582
to reach a conclusion that is satisfactory to both parties.	583

(3) The commission shall conduct the mediation in accordance	584
with rules adopted under section 4921.25 of the Revised Code.	585

(B)(1) If mediation conducted under division (A) of this	586
section does not reach a conclusion satisfactory to the person	587
whose motor vehicle was towed or if the towing service refused to	588
participate in the mediation, the person may submit a written	589
request to the commission in accordance with rules adopted under	590
section 4921.25 of the Revised Code for arbitration before the	591
public utilities commission. The towing service shall participate	592
in the requested arbitration. The commission shall conduct an	593
arbitration hearing in accordance with procedures established in	594
rules adopted under section 4921.25 of the Revised Code.	595

(2) Upon completion of the arbitration hearing, the	596
commission shall deliver to the person who requested arbitration	597
and the towing service a written statement of the arbitration	598
decision regarding the dispute. Both parties to the arbitration	599
shall abide by the arbitration decision. If the commission	600
determines that the towing service violated division (G) of	601
section 4513.601 of the Revised Code, the commission shall	602
require, as part of the arbitration decision, that the towing	603
service pay a fine of at least two times the amount of the fees	604
collected from the vehicle owner. The fine shall be remitted to	605
the vehicle owner in the manner provided by the commission.	606

(3) The court of common pleas of Franklin county shall	607
enforce the arbitration decision upon petition by either party to	608
the arbitration. Either party to the arbitration decision may	609
appeal the arbitration decision to the court of appeals of	610
Franklin county.	611

Sec. 4921.252.  (A) There is hereby established the motor	612
vehicle towing advisory council. The council shall consist of the	613
following members:	614

(1) One representative from a towing company that engages in	615
heavy duty towing;	616

(2) One representative from a towing company that engages in	617
light duty towing;	618

(3) One representative from a towing company that engages in	619
towing from private property;	620

(4) One representative from a statewide organization	621
representing the towing and recovery industry;	622

(5) One representative from a law enforcement agency;

623

(6) One representative from the property and casualty	624
insurance industry;	625

(7) One representative from the bureau of motor vehicles;

626

(8) One representative from an automotive repair shop;

627

(9) One member of the public.

628

The members of the council shall be jointly appointed by the	629
speaker of the house of representatives and the president of the	630
senate, subject to approval by the governor. If the governor	631
objects to any member appointed to the council, the speaker of the	632
house of representatives and the president of the senate shall	633
appoint a replacement member. No person may be appointed as a	634
member of the council without approval by the governor.	635

(B) The council shall hold its initial meeting not less than	636
one hundred eighty days after the effective date of this section.	637
At that meeting, the council shall select from among its members a	638
chairperson and secretary. The council may adopt bylaws governing	639
its proceedings. Five members constitute a quorum. After that	640
initial meeting, the council shall meet at the call of the council	641
chairperson. Members of the council shall serve without	642
compensation but shall receive their reasonable and necessary	643
expenses incurred in the conduct of council business.	644

(C) The council shall provide advice and recommendations to	645
the public utilities commission regarding any rule the commission	646
may adopt that relates to the towing of motor vehicles, including	647
the establishment of particular fees and their respective amounts,	648
or their elimination or consolidation.	649

Sec. 4923.99.  (A)(1) Whoever violates Chapter 4921. or 4923.	650
of the Revised Code is liable to the state for a forfeiture of not	651
more than twenty-five thousand dollars for each day of each	652
violation. The public utilities commission, after providing	653
reasonable notice and the opportunity for a hearing in accordance	654
with the procedural rules adopted under section 4901.13 of the	655
Revised Code, shall assess, by order, a forfeiture upon a person	656
whom the commission determines, by a preponderance of the	657
evidence, committed the violation. In determining the amount of	658
the forfeiture for a violation of division (G) of section 4513.601	659
of the Revised Code or a rule adopted under section 4921.25 of the	660
Revised Code, the commission shall impose the applicable monetary	661
fine as established in rules adopted under division (B)(10) of	662
section 4921.25 of the Revised Code. In determining the amount of	663
the forfeiture for a violation discovered during a driver or	664
motor-vehicle inspection under section 4923.06 of the Revised	665
Code, the commission shall, to the extent practicable, not act in	666
a manner incompatible with the requirements of the United States	667
department of transportation, and, to the extent practicable,	668
shall utilize a system comparable to the recommended civil-penalty	669
procedure adopted by the commercial vehicle safety alliance. In	670
determining the amount of the forfeiture for a violation	671
discovered during a compliance review of a motor carrier under	672
section 4923.07 of the Revised Code, the commission shall, to the	673
extent practicable, not act in a manner incompatible with the	674
civil-penalty guidelines of the United States department of	675
transportation.	676

The attorney general, upon the written request of the	677
commission, shall bring a civil action in the court of common	678
pleas of Franklin county to collect a forfeiture assessed under	679
this section. The commission shall account for the forfeitures	680
collected under this section and pay them to the treasurer of	681
state under section 4921.21 of the Revised Code.	682

(2) The attorney general, upon the written request of the	683
commission, shall bring an action for injunctive relief in the	684
court of common pleas of Franklin county against any person who	685
has violated or is violating any order issued by the commission to	686
secure compliance with any provision of Chapter 4921. or 4923. of	687
the Revised Code. The court of common pleas of Franklin county has	688
jurisdiction to and may grant preliminary and permanent injunctive	689
relief upon a showing that the person against whom the action is	690
brought has violated or is violating any such order. The court	691
shall give precedence to such an action over all other cases.	692

(B) The amount of any forfeiture may be compromised at any	693
time prior to collection of the forfeiture. The commission shall	694
adopt rules governing the manner in which the amount of a	695
forfeiture may be established by agreement prior to the hearing on	696
the forfeiture before the commission.	697

(C) The proceedings of the commission specified in division	698
(A) of this section are subject to and governed by Chapter 4903.	699
of the Revised Code, except as otherwise specifically provided in	700
this section. The court of appeals of Franklin county has	701
exclusive, original jurisdiction to review, modify, or vacate an	702
order of the commission issued to secure compliance with any	703
provision of Chapter 4921. or 4923. of the Revised Code. The court	704
of appeals shall hear and determine those appeals in the same	705
manner, and under the same standards, as the supreme court hears	706
and determines appeals under Chapter 4903. of the Revised Code.	707
The judgment of the court of appeals is final and conclusive	708
unless reversed, vacated, or modified on appeal. Such appeals may	709
be taken either by the commission or the person to whom the	710
compliance order or forfeiture assessment was issued and shall	711
proceed as in the case of appeals in civil actions as provided in	712
the rules of appellate procedure and Chapter 2505. of the Revised	713
Code.	714

(D) Section 4903.11 of the Revised Code does not apply to an	715
appeal of an order issued to secure compliance with Chapter 4921.	716
or 4923. of the Revised Code or an order issued under division	717
(A)(1) of this section assessing a forfeiture. Any person to whom	718
any such order is issued who wishes to contest a compliance order,	719
the fact of the violation, or the amount of the forfeiture shall	720
file a notice of appeal, setting forth the order appealed from and	721
the errors complained of, within sixty days after the entry of the	722
order upon the journal of the commission. The notice of appeal	723
shall be served, unless waived, upon the chairperson of the	724
commission or, in the event of the chairperson's absence, upon any	725
public utilities commissioner, or by leaving a copy at the office	726
of the commission at Columbus. An order issued by the commission	727
to secure compliance with Chapter 4921. or 4923. of the Revised	728
Code or an order issued under division (A)(1) of this section	729
assessing a forfeiture shall be reversed, vacated, or modified on	730
appeal if, upon consideration of the record, the court is of the	731
opinion that the order was unlawful or unreasonable.	732

(E) Only for such violations that constitute violations of	733
the "Hazardous Materials Transportation Uniform Safety Act of	734
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or	735
regulations adopted under the act, the commission, in determining	736
liability, shall use the same standard of culpability for civil	737
forfeitures under this section as that set forth for civil	738
penalties under section 12 of the "Hazardous Materials	739
Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49	740
U.S.C.A. App. 1809. The commission shall consider the assessment	741
considerations for civil penalties specified in regulations	742
adopted under the "Hazardous Materials Transportation Act," 88	743
Stat. 2156 (1975), 49 U.S.C. 1801.	744

Section 2. That existing sections 4513.60, 4513.64, 4921.25,	745
and 4923.99 of the Revised Code are hereby repealed.	746

Section 3.  (A) The amendment, enactment, and repeal of	747
provisions of the Revised Code by this act relating to fees, proof	748
of ownership, and other conditions that require corresponding	749
provisions to be adopted by rule do not affect the continued	750
operation of statutory provisions, the same as if they had not	751
been amended or enacted, until rules corresponding to those	752
statutory provisions take effect. Revised Code provisions amended	753
or enacted by this act that do not require corresponding	754
provisions to be adopted by rule begin operation on the effective	755
date of this act.	756

(B) The provisions of this act governing a contract between	757
an owner of property and a towing service with respect to a	758
private tow-away zone are not self executing and depend on the	759
adoption of rules.	760