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S. B. No. 274 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsor:
Senator Patton
A BILL
To amend sections 4505.101, 4513.60, and 4921.25 and
to enact sections 4511.80 and 4513.67 of the
Revised Code to authorize towing companies to
obtain title to vehicles removed from private
tow-away zones that remain unclaimed, to revise
the notification process regarding vehicles left
unclaimed at a repair garage or place of storage,
to establish vehicle owner and lienholder
notifications for vehicles removed from a private
tow-away zone, to require towing companies to use
and display certain identifying information, and
to make other changes in the law governing towing
motor vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4505.101, 4513.60, and 4921.25 be
amended and sections 4511.80 and 4513.67 of the Revised Code be
enacted to read as follows:
Sec. 4505.101. (A)(1) The owner of any repair garage or
place of storage in which a motor vehicle with a value of less
than two thousand five hundred five thousand dollars has been left
unclaimed for fifteen days or more following completion of the
requested repair or the agreed term of storage
may shall send by
certified mail, return receipt requested, to the last known
address of the owner a notice to remove the motor vehicle. If the
motor vehicle remains unclaimed by the owner for fifteen days
after the mailing of the notice, and the person on whose property
the vehicle has been abandoned has received the signed receipt
from the certified mail or has been notified that the delivery was
not possible, the person shall obtain a certificate of title to
the motor vehicle in the person's name in the manner provided in
this section.
(2) The owner of the repair garage or place of storage that
mailed the notice shall execute an affidavit that all of the
requirements of this section necessary to authorize the issuance
of a certificate of title for the motor vehicle have been met. The
affidavit shall set forth the value of the motor vehicle when
unclaimed as determined in accordance with standards fixed by the
registrar of motor vehicles; the length of time that the motor
vehicle has remained unclaimed; the expenses incurred with the
motor vehicle; that a notice to remove the vehicle has been mailed
to the titled owner, if known, by certified mail, return receipt
requested; and that a search of the records of the bureau of motor
vehicles has been made for outstanding liens on the motor vehicle.
(3) No affidavit shall be executed or filed under division
(A) of this section until after a search of the records of the
bureau of motor vehicles has been made. If the research reveals
any outstanding lien on the motor vehicle, the owner of the repair
garage or place of storage of the motor vehicle shall notify the
mortgagee or lienholder by certified mail, return receipt
requested, stating where the motor vehicle is located and the
value of the vehicle. Unless the mortgagee or lienholder claims
the motor vehicle within fifteen days from the mailing of the
notice, the mortgagee's mortgage or the lienholder's lien shall be
is invalid.
Upon presentation by the owner of the repair garage or place
of storage of the affidavit, showing compliance with all
requirements of this section to the clerk of courts of the county
in which the repair garage or place of storage is located, the (B)
The owner of a towing service or storage facility that is in
possession of a vehicle may obtain a certificate of title to the
vehicle as provided in division (C) of this section if all of the
following apply:
(a) The vehicle was towed under division (B)(2) of section
4513.60 of the Revised Code;
(b) The vehicle has a value of less than five thousand
dollars;
(c) The vehicle has been left unclaimed for thirty days after
the mailing of the notice required by division (D)(2) of section
4513.60 of the Revised Code;
(d) The owner of the towing service or storage facility
complies with the affidavit requirements applicable to a repair
garage or place of storage under division (A)(2) of this section.
(C) The clerk of courts shall issue a certificate of title,
free and clear of all liens and encumbrances, to the owner of the
place of storage as follows:
(1) To a repair garage or place of storage that presents an
affidavit that complies with all of the requirements of division
(A) of this section;
(2) To a towing service or storage facility that presents an
affidavit in compliance with division (B) of this section.
The Upon receipt of the certificate of title, a repair
garage, place of storage, or towing service or storage facility
shall pay to the clerk of courts the value of the motor vehicle,
as determined in accordance with standards fixed by the registrar
of motor vehicles, less expenses incurred by the owner of such the
repair garage or, place of storage, towing service, or storage
facility, shall be paid to the clerk of courts for deposit into
the county general fund upon receipt of the certificate of title.
(B)(D) Whoever violates this section shall be fined not more
than two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4511.80. (A) As used in this section, "towing service"
means any for-hire motor carrier that is engaged on an intrastate
basis anywhere in this state in the business of towing a motor
vehicle over any public highway in this state.
(B) No person shall operate a towing vehicle for a towing
service and no person who owns a towing vehicle used by a towing
service or has supervisory responsibility over a towing vehicle
used by a towing service, shall permit the operation of a towing
vehicle used by a towing service, unless both of the following
apply:
(1) The towing service holds a valid certificate of public
convenience and necessity as required by Chapter 4921. of the
Revised Code; and
(2) The certificate number is visibly displayed on both the
left and right front doors of the towing vehicle in accordance
with rules adopted by the public utilities commission.
(C) Whoever violates division (B) of this section is guilty
of a minor misdemeanor.
(D) Whenever a person is convicted of or pleads guilty to a
violation of this section in a court of record, the court shall
forward a copy of the conviction record or plea to the public
utilities commission of Ohio.
Sec. 4513.60. (A)(1) The sheriff of a county or chief of
police of a municipal corporation, township, or township or joint
police district, within the sheriff's or chief's respective
territorial jurisdiction, upon complaint of any person adversely
affected, may order into storage any motor vehicle, other than an
abandoned junk motor vehicle as defined in section 4513.63 of the
Revised Code, that has been left on private residential or private
agricultural property for at least four hours without the
permission of the person having the right to the possession of the
property. The sheriff or chief of police, upon complaint of the
owner of a repair garage or place of storage, may order into
storage any motor vehicle, other than an abandoned junk motor
vehicle, that has been left at the garage or place of storage for
a longer period than that agreed upon. The place of storage shall
be designated by the sheriff or chief of police shall designate
the place of storage. When ordering a motor vehicle into storage
pursuant to this division, a sheriff or chief of police, whenever
possible, shall may arrange for the removal of the motor vehicle
by a private tow truck operator or towing company service. Subject
to division (C) of this section, the owner of a motor vehicle that
has been removed pursuant to this division may recover the vehicle
only in accordance with division (E)(F) of this section.
(2) Divisions (A)(1) to (3) of this section do not apply to
any private residential or private agricultural property that is
established as a private tow-away zone in accordance with division
(B) of this section.
(3) As used in divisions (A)(1) and (2) of this section,
"private residential property" means private property on which is
located one or more structures that are used as a home, residence,
or sleeping place by one or more persons, if no more than three
separate households are maintained in the structure or structures.
"Private residential property" does not include any private
property on which is located one or more structures that are used
as a home, residence, or sleeping place by two or more persons, if
more than three separate households are maintained in the
structure or structures.
(B)(1) The owner of private property may establish a private
tow-away zone only if all of the following conditions are
satisfied:
(a) The owner posts on the owner's property a sign, that is
at least eighteen inches by twenty-four inches in size, that is
visible from all entrances to the property, and that contains at
least all of the following information:
(i) A notice that the property is a private tow-away zone and
that vehicles not authorized to park on the property will be towed
away;
(ii) The telephone number of the person from whom a
towed-away vehicle can be recovered, and the address of the place
to which the vehicle will be taken and the place from which it may
be recovered;
(iii) A statement that the vehicle may be recovered at any
time during the day or night upon the submission of proof of
ownership and the payment of a towing charge, in an amount not to
exceed ninety dollars, and a storage charge, in an amount not to
exceed twelve dollars per twenty-four-hour period; except that the
charge for towing shall not exceed one hundred fifty dollars, and
the storage charge shall not exceed twenty dollars per
twenty-four-hour period, if the vehicle has a manufacturer's gross
vehicle weight rating in excess of ten thousand pounds and is a
truck, bus, or a combination of a commercial tractor and trailer
or semitrailer.
(b) The place to which the towed vehicle is taken and from
which it may be recovered is conveniently located, is well
lighted, and is on or within a reasonable distance of a regularly
scheduled route of one or more modes of public transportation, if
any public transportation is available in the municipal
corporation or township in which the private tow-away zone is
located.
(2) If a vehicle is parked on private property that is
established as a private tow-away zone in accordance with division
(B)(1) of this section, without the consent of the owner of the
property or in violation of any posted parking condition or
regulation, the owner or the owner's agent may remove, or cause
the removal of, the vehicle, the owner and the operator of the
vehicle shall be deemed to have consented to the removal and
storage of the vehicle and to the payment of the towing and
storage charges specified in division (B)(1)(a)(iii) of this
section, and the vehicle owner, subject to division (C) of this
section, may recover a vehicle that has been so removed only in
accordance with division (E)(F) of this section.
(3) If a municipal corporation requires tow trucks and tow
truck operators to be licensed, no owner of private property
located within the municipal corporation shall remove, or shall
cause the removal and storage of, any vehicle pursuant to division
(B)(2) of this section by an unlicensed tow truck or unlicensed
tow truck operator.
(4) Divisions (B)(1) to (3) of this section do not affect or
limit the operation of division (A) of this section or sections
4513.61 to 4513.65 of the Revised Code as they relate to property
other than private property that is established as a private
tow-away zone under division (B)(1) of this section.
(C) If the owner or operator of a motor vehicle that has been
ordered into storage pursuant to division (A)(1) of this section
or of a vehicle that is being removed under authority of division
(B)(2) of this section arrives after the motor vehicle or vehicle
has been prepared for removal, but prior to its actual removal
from the property, the owner or operator shall be given the
opportunity to pay a fee of not more than one-half of the charge
for the removal of motor vehicles under division (A)(1) of this
section or of vehicles under division (B)(2) of this section,
whichever is applicable, that normally is assessed by the person
who has prepared the motor vehicle or vehicle for removal, in
order to obtain release of the motor vehicle or vehicle. Upon
payment of that fee, the motor vehicle or vehicle shall be
released to the owner or operator, and upon its release, the owner
or operator immediately shall move it so that:
(1) If the motor vehicle was ordered into storage pursuant to
division (A)(1) of this section, it is not on the private
residential or private agricultural property without the
permission of the person having the right to possession of the
property, or is not at the garage or place of storage without the
permission of the owner, whichever is applicable.
(2) If the vehicle was being removed under authority of
division (B)(2) of this section, it is not parked on the private
property established as a private tow-away zone without the
consent of the owner or in violation of any posted parking
condition or regulation.
(D)(1) If an owner of private property that is established as
a private tow-away zone in accordance with division (B)(1) of this
section or the authorized agent of such an owner removes or causes
the removal of a vehicle from that property under authority of
division (B)(2) of this section, the owner or agent promptly shall
notify the police department of the municipal corporation,
township, or township or joint police district in which the
property is located, of the removal, the vehicle's license number,
make, model, and color, the location from which it was removed,
the date and time of its removal, the telephone number of the
person from whom it may be recovered, and the address of the place
to which it has been taken and from which it may be recovered.
(2) When a vehicle is removed from private property in
accordance with division (B)(2) of this section, the owner of the
towing service or storage facility from which the vehicle may be
recovered immediately shall cause a search to be made of the
records of the bureau of motor vehicles to ascertain the identity
of the owner and any lienholder of the motor vehicle. Within
forty-eight hours of removal of the vehicle from the private
tow-away zone, the owner of the towing service or storage facility
shall send notice to the vehicle owner and any known lienholder.
The towing service or storage facility shall send the notice to
the owner's and lienholder's last known address by certified mail
with return receipt requested. If the owner or lienholder of the
motor vehicle reclaims it after a search of the records of the
bureau has been conducted and after notice has been sent to the
owner and lienholder as described in this section, the owner or
lienholder shall pay to the towing service or storage facility a
processing fee of twenty-five dollars, in addition to any expenses
or charges incurred in the removal and storage of the vehicle as
provided in division (F) of this section.
(E)(1) Each county sheriff and each chief of police of a
municipal corporation, township, or township or joint police
district shall maintain a record of motor vehicles that the
sheriff or chief orders into storage pursuant to division (A)(1)
of this section and of vehicles removed from private property in
the sheriff's or chief's jurisdiction that is established as a
private tow-away zone of which the sheriff or chief has received
notice under division (D)(1) of this section. The record shall
include an entry for each such motor vehicle or vehicle that
identifies the motor vehicle's or vehicle's license number, make,
model, and color, the location from which it was removed, the date
and time of its removal, the telephone number of the person from
whom it may be recovered, and the address of the place to which it
has been taken and from which it may be recovered. Any information
in the record that pertains to a particular motor vehicle or
vehicle shall be provided to any person who, either in person or
pursuant to a telephone call, identifies self as the owner or
operator of the motor vehicle or vehicle and requests information
pertaining to its location.
(3)(2) Any person who registers a complaint that is the basis
of a sheriff's or police chief's order for the removal and storage
of a motor vehicle under division (A)(1) of this section shall
provide the identity of the law enforcement agency with which the
complaint was registered to any person who identifies self as the
owner or operator of the motor vehicle and requests information
pertaining to its location.
(E)(F) The owner of a motor vehicle that is ordered into
storage pursuant to division (A)(1) of this section or the owner
or lienholder of a vehicle that is removed under authority of
division (B)(2) of this section may reclaim it upon payment of any
expenses or charges incurred in its removal, in an amount not to
exceed ninety dollars, and storage, in an amount not to exceed
twelve dollars per twenty-four-hour period; except that the charge
for towing shall not exceed one hundred fifty dollars, and the
storage charge shall not exceed twenty dollars per
twenty-four-hour period, if the vehicle has a manufacturer's gross
vehicle weight rating in excess of ten thousand pounds and is a
truck, bus, or a combination of a commercial tractor and trailer
or semitrailer. Presentation of proof of ownership, which may be
evidenced by a certificate of title to the motor vehicle or
vehicle also shall be required for reclamation of the vehicle. If
a motor vehicle that is ordered into storage pursuant to division
(A)(1) of this section remains unclaimed by the owner for thirty
days, the procedures established by sections 4513.61 and 4513.62
of the Revised Code shall apply.
(F)(G) No person shall remove, or cause the removal of, any
vehicle from private property that is established as a private
tow-away zone under division (B)(1) of this section other than in
accordance with division (B)(2) of this section, and no person
shall remove, or cause the removal of, any motor vehicle from any
other private property other than in accordance with division
(A)(1) of this section or sections 4513.61 to 4513.65 of the
Revised Code.
(G)(H) Whoever violates division (B)(3) or (F)(G) of this
section is guilty of a minor misdemeanor.
Sec. 4513.67. (A) Except as provided in division (B) of this
section, when removing a motor vehicle from an accident scene on
any street or highway or any other property open to the public for
purposes of vehicular travel or parking, a towing service shall
submit the invoice for the removal to the person who was operating
the motor vehicle at the time of the accident. The towing service
shall not, in any circumstance, submit such an invoice to the
repair facility or storage facility to which the motor vehicle is
transported.
(B) Division (A) of this section does not apply if all of the
following are applicable:
(1) The towing service removes a motor vehicle from an
accident scene;
(2) The removal is conducted pursuant to a contract between
the towing service and the issuer of a policy of motor vehicle
insurance covering the motor vehicle; and
(3) The contract requires the towing service to be paid
directly by issuer of the policy.
Sec. 4921.25. (A) Any person, firm, copartnership, voluntary
association, joint-stock association, company, or corporation,
wherever organized or incorporated, that is engaged in the towing
of motor vehicles is subject to regulation by the public utilities
commission as a for-hire motor carrier under this chapter. Such an
entity is not subject to any ordinance, rule, or resolution of a
municipal corporation, county, or township that provides for the
licensing, registering, or regulation of entities that tow motor
vehicles.
(B) No for-hire motor carrier engaged in the towing of motor
vehicles shall do any of the following:
(1) Fail to make its current certificate of public
convenience and necessity available for public inspection during
normal business hours;
(2) Fail to include its certificate number on all
advertising, written estimates, contracts, and invoices, in such
manner as the public utilities commission shall prescribe by rule;
(3) Fail to display its certificate number on both the left
and right front doors of all towing vehicles used by the carrier
in such manner as the commission shall prescribe by rule.
Section 2. That existing sections 4505.101, 4513.60, and
4921.25 of the Revised Code are hereby repealed.
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