The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. S. B. No. 274 As Reported by the Senate State Government Oversight and Reform CommitteeAs Reported by the Senate State Government Oversight and Reform Committee
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsor:
Senator Patton
A BILL
To amend sections 4505.02, 4505.101, 4505.11,
4505.17, 4513.60, 4513.61, and 4513.66 and to
enact sections 4505.191, 4513.601, 4513.611,
4513.67, 4513.68, 4513.69, and 4921.251 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 process by which a repair garage or place of
storage may obtain title to vehicles left
unclaimed at the repair garage or place of
storage, to revise the procedures and penalties
related to the towing of motor vehicles, to deem a
scrap metal dealer to have valid title to a motor
vehicle in specified circumstances, to make other
changes in the law governing towing motor
vehicles, and to alter the law governing the
evidence required for the issuance of a salvage
certificate of title.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4505.02, 4505.101, 4505.11, 4505.17,
4513.60, 4513.61, and 4513.66 be amended and sections 4505.191,
4513.601, 4513.611, 4513.67, 4513.68, 4513.69, and 4921.251 of the
Revised Code be enacted to read as follows:
Sec. 4505.02. The registrar of motor vehicles shall issue
rules as the registrar determines necessary to ensure uniform and
orderly operation of this chapter and to ensure that the
identification of each applicant for a certificate of title is
reasonably accurate. The clerks of the courts of common pleas
shall conform thereto. The clerks shall provide the forms as
prescribed by the registrar, except the manufacturers' or
importers' certificates. The clerks shall provide, from moneys in
the automated title processing fund, certificates of title and
ribbons, cartridges, or other devices necessary for the operation
of the certificate of title processing equipment as determined by
the automated title processing board pursuant to division (C) of
section 4505.09 of the Revised Code. All other automated title
processing system supplies shall be provided by the clerks.
If it appears that any certificate of title has been
improperly issued, the registrar shall cancel the certificate
unless the title is deemed valid pursuant to section 4505.191 of
the Revised Code. Upon the cancellation of any certificate of
title, the registrar shall notify the clerk who issued it, and the
clerk thereupon shall enter the cancellation upon the clerk's
records. The registrar also shall notify the person to whom such
certificate of title was issued, as well as any lienholders
appearing thereon, of the cancellation and shall demand the
surrender of the certificate of title immediately, but the
cancellation shall not affect the validity of any lien noted
thereon. The holder of such certificate of title immediately shall
return it to the registrar. If a certificate of registration has
been issued to the holder of a certificate of title so canceled
the registrar immediately shall cancel it and demand the return of
such certificate of registration and license plates, and the
holder of such certificate of registration and license plates
shall return the same to the registrar forthwith. The clerks shall
keep on hand a sufficient supply of blank forms, which, except for
certificate of title and memorandum certificate forms, shall be
furnished and distributed without charge to registered
manufacturers or dealers, or other persons residing within the
county.
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 three thousand five hundred 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 any owner and any lienholder of the motor vehicle a
notice to remove the motor vehicle. If In order to identify any
owner or lienholder, prior to sending a notice, the repair garage
or place of storage shall cause a search to be made of the records
of the bureau of motor vehicles. Any notice to a lienholder shall
state where the motor vehicle is located and the value of the
vehicle.
If the motor vehicle remains unclaimed by the any owner or
lienholder for fifteen days after the mailing of the notice all
required notices, and for each notice the person on whose property
the vehicle has been abandoned either has received the signed
receipt from the certified mail or has been notified that the
delivery was not possible, the person shall may obtain a
certificate of title to the motor vehicle in the person's name in
the manner provided in this section. Unless the lienholder claims
the motor vehicle within fifteen days from the mailing of the
notice, the lienholder's lien is invalid.
(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 an itemized statement of 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 any titled owner, if known, or
lienholder 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 in accordance with
division (A)(1) of this section.
No affidavit shall be executed or filed under 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 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:
(1) The vehicle was towed under division (B) of section
4513.601 of the Revised Code.
(2) The vehicle has a value of less than three thousand five
hundred dollars.
(3) The vehicle has been left unclaimed for sixty days after
the date the earliest notice required by division (F)(1) of
section 4513.601 of the Revised Code is received, as evidenced by
a receipt signed by any person, or the towing service or storage
facility has been notified that the delivery was not possible.
(4) The owner of the towing service or storage facility
executes 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 an
itemized statement of the value of the motor vehicle; that notices
to remove the vehicle have been mailed to the owner and any
lienholder as required under division (F) of section 4513.601 of
the Revised Code; the length of time that the motor vehicle has
remained unclaimed after the date the earliest notice required
under division (F) of section 4513.601 of the Revised Code was
received or the towing service or storage facility was notified
that delivery was not possible; and that a search of the records
of the bureau of motor vehicles has been made for outstanding
liens on the motor vehicle.
(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
or place of storage, or a 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
repair garage or place of storage, 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.
(E) As used in this section:
(1) "Repair garage or place of storage" means any business
with which a person entered into an agreement for the repair of a
motor vehicle or any business with which a person entered into an
agreement for the storage of a motor vehicle.
(2) "Towing service or storage facility" means any for-hire
motor carrier that removes a motor vehicle under the authority of
section 4513.601 of the Revised Code and any place to which such a
for-hire motor carrier delivers a motor vehicle towed under that
section.
(3) "Value" means the wholesale value for that make and model
of motor vehicle in good condition at the time the towing service
submits an affidavit under division (C) of this section, as
provided in a vehicle valuation guide that is generally available
and recognized by the motor vehicle industry, minus either of the
following, as applicable:
(a) The estimated cost of repairs to restore the motor
vehicle to the wholesale value for that make and model of motor
vehicle;
(b) The cost of any agreed-upon repairs.
Sec. 4505.11. This section shall also apply to all-purpose
vehicles and off-highway motorcycles as defined in section 4519.01
of the Revised Code.
(A) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title, when the motor vehicle
is dismantled, destroyed, or changed in such manner that it loses
its character as a motor vehicle, or changed in such manner that
it is not the motor vehicle described in the certificate of title,
shall surrender the certificate of title to that motor vehicle to
a clerk of a court of common pleas, and the clerk, with the
consent of any holders of any liens noted on the certificate of
title, then shall enter a cancellation upon the clerk's records
and shall notify the registrar of motor vehicles of the
cancellation.
Upon the cancellation of a certificate of title in the manner
prescribed by this section, any clerk and the registrar of motor
vehicles may cancel and destroy all certificates and all
memorandum certificates in that chain of title.
(B)(1) If an Ohio certificate of title or salvage certificate
of title to a motor vehicle is assigned to a salvage dealer, the
dealer is not required to obtain an Ohio certificate of title or a
salvage certificate of title to the motor vehicle in the dealer's
own name if the dealer dismantles or destroys the motor vehicle,
indicates the number of the dealer's motor vehicle salvage
dealer's license on it, marks "FOR DESTRUCTION" across the face of
the certificate of title or salvage certificate of title, and
surrenders the certificate of title or salvage certificate of
title to a clerk of a court of common pleas as provided in
division (A) of this section. If the salvage dealer retains the
motor vehicle for resale, the dealer shall make application for a
salvage certificate of title to the motor vehicle in the dealer's
own name as provided in division (C)(1) of this section.
(2) At the time any salvage motor vehicle is sold at auction
or through a pool, the salvage motor vehicle auction or salvage
motor vehicle pool shall give a copy of the salvage certificate of
title or a copy of the certificate of title marked "FOR
DESTRUCTION" to the purchaser.
(C)(1) When an insurance company declares it economically
impractical to repair such a motor vehicle and has paid an agreed
price for the purchase of the motor vehicle to any insured or
claimant owner, the insurance company shall proceed as follows:
(a) If an insurance company receives the certificate of title
and the motor vehicle, within thirty business days, the insurance
company shall deliver the certificate of title to a clerk of a
court of common pleas and shall make application for a salvage
certificate of title.
(b) If an insurance company obtains possession of the motor
vehicle but is unable to obtain the properly endorsed certificate
of title for the motor vehicle within thirty business days
following the vehicle's owner or lienholder's acceptance of the
insurance company's payment for the vehicle, the insurance company
may apply to the clerk of a court of common pleas for a salvage
certificate of title without delivering the certificate of title
for the motor vehicle. The application shall be accompanied by
evidence that the insurance company has paid a total loss claim on
the vehicle, a copy of the written request for the certificate of
title on from the insurance company's letterhead, and the original
certified mail, return receipt notice, addressed company or its
designee, and proof that the request was delivered by a nationally
recognized courier service to the last known
address of the owner
of the vehicle and any known lienholder, to obtain the certificate
of title.
(c) Upon receipt of a properly completed application for a
salvage certificate of title as described in division (C)(1)(a) or
(b) or (C)(2) of this section, the clerk shall issue the salvage
certificate of title on a form, prescribed by the registrar, that
shall be easily distinguishable from the original certificate of
title and shall bear the same information as the original
certificate of title except that it may bear a different number
than that of the original certificate of title. Except as provided
in division (C)(3) of this section, the salvage certificate of
title shall be assigned by the insurance company to a salvage
dealer or any other person for use as evidence of ownership upon
the sale or other disposition of the motor vehicle, and the
salvage certificate of title shall be transferrable to any other
person. The clerk shall charge a fee of four dollars for the cost
of processing each salvage certificate of title.
(2) If an insurance company requests that a salvage motor
vehicle auction take possession of a motor vehicle that is the
subject of an insurance claim, and subsequently the insurance
company denies coverage with respect to the motor vehicle or does
not otherwise take ownership of the motor vehicle, the salvage
motor vehicle auction may proceed as follows. After the salvage
motor vehicle auction has possession of the motor vehicle for
forty-five days, it may apply to the clerk of a court of common
pleas for a salvage certificate of title without delivering the
certificate of title for the motor vehicle. The application shall
be accompanied by a copy of the written request that the vehicle
be removed from the facility on the salvage motor vehicle
auction's letterhead, and the original certified mail, return
receipt notice, addressed to the last known owner of the vehicle
and any known lienholder, requesting that the vehicle be removed
from the facility of the salvage motor vehicle auction. Upon
receipt of a properly completed application, the clerk shall
follow the process as described in division (C)(1)(c) of this
section. The salvage certificate of title so issued shall be free
and clear of all liens.
(3) If an insurance company considers a motor vehicle as
described in division (C)(1)(a) or (b) of this section to be
impossible to restore for highway operation, the insurance company
may assign the certificate of title to the motor vehicle to a
salvage dealer or scrap metal processing facility and send the
assigned certificate of title to the clerk of the court of common
pleas of any county. The insurance company shall mark the face of
the certificate of title "FOR DESTRUCTION" and shall deliver a
photocopy of the certificate of title to the salvage dealer or
scrap metal processing facility for its records.
(4) If an insurance company declares it economically
impractical to repair a motor vehicle, agrees to pay to the
insured or claimant owner an amount in settlement of a claim
against a policy of motor vehicle insurance covering the motor
vehicle, and agrees to permit the insured or claimant owner to
retain possession of the motor vehicle, the insurance company
shall not pay the insured or claimant owner any amount in
settlement of the insurance claim until the owner obtains a
salvage certificate of title to the vehicle and furnishes a copy
of the salvage certificate of title to the insurance company.
(D) When a self-insured organization, rental or leasing
company, or secured creditor becomes the owner of a motor vehicle
that is burned, damaged, or dismantled and is determined to be
economically impractical to repair, the self-insured organization,
rental or leasing company, or secured creditor shall do one of the
following:
(1) Mark the face of the certificate of title to the motor
vehicle "FOR DESTRUCTION" and surrender the certificate of title
to a clerk of a court of common pleas for cancellation as
described in division (A) of this section. The self-insured
organization, rental or leasing company, or secured creditor then
shall deliver the motor vehicle, together with a photocopy of the
certificate of title, to a salvage dealer or scrap metal
processing facility and shall cause the motor vehicle to be
dismantled, flattened, crushed, or destroyed.
(2) Obtain a salvage certificate of title to the motor
vehicle in the name of the self-insured organization, rental or
leasing company, or secured creditor, as provided in division
(C)(1) of this section, and then sell or otherwise dispose of the
motor vehicle. If the motor vehicle is sold, the self-insured
organization, rental or leasing company, or secured creditor shall
obtain a salvage certificate of title to the motor vehicle in the
name of the purchaser from a clerk of a court of common pleas.
(E) If a motor vehicle titled with a salvage certificate of
title is restored for operation upon the highways, application
shall be made to a clerk of a court of common pleas for a
certificate of title. Upon inspection by the state highway patrol,
which shall include establishing proof of ownership and an
inspection of the motor number and vehicle identification number
of the motor vehicle and of documentation or receipts for the
materials used in restoration by the owner of the motor vehicle
being inspected, which documentation or receipts shall be
presented at the time of inspection, the clerk, upon surrender of
the salvage certificate of title, shall issue a certificate of
title for a fee prescribed by the registrar. The certificate of
title shall be in the same form as the original certificate of
title and shall bear the words "REBUILT SALVAGE" in black boldface
letters on its face. Every subsequent certificate of title,
memorandum certificate of title, or duplicate certificate of title
issued for the motor vehicle also shall bear the words "REBUILT
SALVAGE" in black boldface letters on its face. The exact location
on the face of the certificate of title of the words "REBUILT
SALVAGE" shall be determined by the registrar, who shall develop
an automated procedure within the automated title processing
system to comply with this division. The clerk shall use
reasonable care in performing the duties imposed on the clerk by
this division in issuing a certificate of title pursuant to this
division, but the clerk is not liable for any of the clerk's
errors or omissions or those of the clerk's deputies, or the
automated title processing system in the performance of those
duties. A fee of fifty dollars shall be assessed by the state
highway patrol for each inspection made pursuant to this division
and shall be deposited into the state highway safety fund
established by section 4501.06 of the Revised Code.
(F) No person shall operate upon the highways in this state a
motor vehicle, title to which is evidenced by a salvage
certificate of title, except to deliver the motor vehicle pursuant
to an appointment for an inspection under this section.
(G) No motor vehicle the certificate of title to which has
been marked "FOR DESTRUCTION" and surrendered to a clerk of a
court of common pleas shall be used for anything except parts and
scrap metal.
(H)(1) Except as otherwise provided in this division, an
owner of a manufactured or mobile home that will be taxed as real
property pursuant to division (B) of section 4503.06 of the
Revised Code shall surrender the certificate of title to the
auditor of the county containing the taxing district in which the
home is located. An owner whose home qualifies for real property
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of
the Revised Code shall surrender the certificate within fifteen
days after the home meets the conditions specified in those
divisions. The auditor shall deliver the certificate of title to
the clerk of the court of common pleas who issued it.
(2) If the certificate of title for a manufactured or mobile
home that is to be taxed as real property is held by a lienholder,
the lienholder shall surrender the certificate of title to the
auditor of the county containing the taxing district in which the
home is located, and the auditor shall deliver the certificate of
title to the clerk of the court of common pleas who issued it. The
lienholder shall surrender the certificate within thirty days
after both of the following have occurred:
(a) The homeowner has provided written notice to the
lienholder requesting that the certificate of title be surrendered
to the auditor of the county containing the taxing district in
which the home is located.
(b) The homeowner has either paid the lienholder the
remaining balance owed to the lienholder, or, with the
lienholder's consent, executed and delivered to the lienholder a
mortgage on the home and land on which the home is sited in the
amount of the remaining balance owed to the lienholder.
(3) Upon the delivery of a certificate of title by the county
auditor to the clerk, the clerk shall inactivate it and maintain
it in the automated title processing system for a period of thirty
years.
(4) Upon application by the owner of a manufactured or mobile
home that is taxed as real property pursuant to division (B) of
section 4503.06 of the Revised Code and that no longer satisfies
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that
section, the clerk shall reactivate the record of the certificate
of title that was inactivated under division (H)(3) of this
section and shall issue a new certificate of title, but only if
the application contains or has attached to it all of the
following:
(a) An endorsement of the county treasurer that all real
property taxes charged against the home under Title LVII of the
Revised Code and division (B) of section 4503.06 of the Revised
Code for all preceding tax years have been paid;
(b) An endorsement of the county auditor that the home will
be removed from the real property tax list;
(c) Proof that there are no outstanding mortgages or other
liens on the home or, if there are such mortgages or other liens,
that the mortgagee or lienholder has consented to the reactivation
of the certificate of title.
(I)(1) Whoever violates division (F) of this section shall be
fined not more than two thousand dollars, imprisoned not more than
one year, or both.
(2) Whoever violates division (G) of this section shall be
fined not more than one thousand dollars, imprisoned not more than
six months, or both.
Sec. 4505.17. (A) Every sheriff, chief of police, constable,
state highway patrol trooper, employee of the state highway
patrol, and designated officer of the department of public safety,
having knowledge of a stolen motor vehicle, immediately shall
furnish the registrar of motor vehicles with full information
concerning such theft.
Whenever the registrar receives a report of the theft or
conversion of a motor vehicle, whether the same has been
registered or not and whether owned in this or any other state,
the registrar shall make a distinctive record thereof, including
the make of the stolen vehicle and its manufacturer's vehicle
identification number. The registrar shall prepare a report
listing motor vehicles stolen and recovered as disclosed by the
reports submitted to the registrar, to be distributed as the
registrar determines advisable.
In the event of the receipt from any clerk of the court of
common pleas of a copy of a certificate of title to such a motor
vehicle, the registrar immediately shall notify the rightful owner
thereof and the clerk who issued such certificate of title, and
if, upon investigation, it appears that such certificate of title
was improperly issued, the registrar immediately shall cancel the
certificate unless the title is deemed valid pursuant to section
4505.191 of the Revised Code.
In the event of the recovery of a stolen or converted motor
vehicle, the owner immediately shall notify the registrar, who
shall remove the record of the theft or conversion from the
registrar's file.
(B) Whoever violates this section shall be fined not more
than two hundred dollars, imprisoned not more than ninety days, or
both.
Sec. 4505.191. (A) A scrap metal dealer, as defined in
section 4737.04 of the Revised Code, is deemed to have valid title
to a motor vehicle if both of the following apply:
(1) The scrap metal dealer purchased the motor vehicle in the
ordinary course of business.
(2) The scrap metal dealer received an endorsed and notarized
certificate of title to the motor vehicle from a seller,
regardless of whether the certificate of title was issued pursuant
to section 4505.06, 4505.10, 4505.101, 4505.102, 4505.11, or
4505.19 of the Revised Code.
(B) If a certificate of title to a motor vehicle was
improperly issued, unlawfully obtained, or falsified prior to the
transfer of the title to a scrap metal dealer who is deemed to
have valid title pursuant to division (A) of this section, any
other person with a valid certificate of title may seek legal
recourse from the person who sold the motor vehicle to the scrap
metal dealer. Such a person does not have a claim for relief
against, and may not recover damages in a civil action against,
the scrap metal dealer.
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. 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. Subject
service and shall designate a storage
facility.
(2) A towing service towing a motor vehicle under division
(A)(1) of this section shall remove the motor vehicle in
accordance with that division. The towing service shall deliver
the motor vehicle to the location designated by the sheriff or
chief of police not more than two hours after the time it is
removed from the private property.
(3) Subject to division (C)(B) 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)(D) 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)(4) 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 owner, subject to division (C) of this section,
may recover a vehicle that has been so removed only in accordance
with division (E) 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 towing service shall give the owner or
operator shall be given the opportunity to pay a fee of not more
than one-half of the charge fee for the removal of the motor
vehicles vehicle under division (A)(D)(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 towing service shall release the motor vehicle
or
vehicle shall be released to the owner or operator, and upon. 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)(C)(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 A sheriff
or chief of police shall provide 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)(D)(1) The owner or lienholder of a motor vehicle that is
ordered into storage pursuant to division (A)(1) of this section
or 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.
both of the following:
(a) Payment of the following fees:
(i) Not more than ninety dollars for the removal of the motor
vehicle. However, if the motor 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, not more than one hundred fifty dollars for the
removal.
(ii) Not more than twelve dollars per twenty-four-hour period
for the storage of the motor vehicle. However, if the motor
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, not more than
twenty dollars per twenty-four-hour period for storage.
(b) 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
(2) Upon presentation of proof of ownership, the owner of a
motor vehicle that is ordered into storage under division (A)(1)
of this section may retrieve any personal items from the motor
vehicle without retrieving the vehicle and without paying any fee.
However, the owner may not retrieve any personal item that has
been determined by the sheriff or chief of police, as applicable,
to be necessary to a criminal investigation. For purposes of
division (D)(2) of this section, "personal items" do not include
any items that are attached to the motor vehicle.
(3) 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)(E)(1) 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 residential or private agricultural property other
than in accordance with division (A)(1) of this section or
sections 4513.61 to 4513.65 of the Revised Code.
(2) No towing service or storage facility shall fail to
comply with the requirements of this section.
(F) This section does not apply to any private residential or
private agricultural property that is established as a private
tow-away zone in accordance with section 4513.601 of the Revised
Code.
(G) Whoever The owner of any towing service or storage
facility that violates division (B)(3) or (F)(E) of this section
is guilty of a minor misdemeanor.
Sec. 4513.601. (A) The owner of private property may
establish a private tow-away zone, but may do so only if all of
the following conditions are satisfied:
(1) 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 includes all
of the following information:
(a) A statement that the property is a tow-away zone;
(b) A description of persons authorized to park on the
property. If the property is a residential property, the owner of
the private property may include on the sign a statement that only
tenants and guests may park in the private tow-away zone, subject
to the terms of the property owner. If the property is a
commercial property, the owner of the private property may include
on the sign a statement that only customers may park in the
private tow-away zone. In all cases, if it is not apparent which
persons may park in the private tow-away zone, the owner shall
include on the sign the address of the property on which the
private tow-away zone is located or the name of the business that
is located on the property designated as a private tow-away zone.
(c) If the private tow-away zone is not enforceable at all
times, the times during which the parking restrictions are
enforced;
(d) The telephone number and the address of the place from
which a towed vehicle may be recovered at any time during the day
or night;
(e) A statement that the failure to recover a towed vehicle
may result in the loss of title to the vehicle as provided in
division (B) of section 4505.101 of the Revised Code.
The owner of property that has been established as a private
tow-away zone under section 4513.60 of the Revised Code as that
section existed prior to the effective date of this section may
retain existing private tow-away zone signs that comply with that
section for up to one year after the effective date of this
section. At any time, in order to comply with the requirements of
division (B)(1) of this section, such a property owner may modify
the existing sign by affixing to the existing sign stickers or an
addendum in lieu of replacing the sign.
(2) A towing service ensures that a vehicle towed under this
section is taken to a location from which it may be recovered that
complies with all of the following:
(a) It is conveniently located.
(c) It 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.
(B)(1) If a vehicle is parked on private property that is
established as a private tow-away zone in accordance with division
(A) of this section, without the consent of the owner of the
property or in violation of any posted parking condition or
regulation, the owner may cause the removal of the vehicle by a
towing service. The towing service shall remove the vehicle in
accordance with this section. The vehicle owner and the operator
of the vehicle are considered to have consented to the removal and
storage of the vehicle, to the payment of the applicable fees
established under division (G) of this section, and to the right
of a towing service to obtain title to the vehicle if it remains
unclaimed as provided in section 4505.101 of the Revised Code. The
owner or lienholder of a vehicle that has been removed under this
section, subject to division (C) of this section, may recover the
vehicle in accordance with division (G) of this section.
(2) 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 cause the removal
and storage of any vehicle pursuant to division (B) of this
section by an unlicensed tow truck or unlicensed tow truck
operator.
(C) If the owner or operator of a vehicle that is being
removed under authority of division (B) of this section arrives
after the vehicle has been prepared for removal, but prior to its
actual removal from the property, the towing service shall give
the vehicle owner or operator the opportunity to pay a fee of not
more than one-half of the fee for the removal of the vehicle
established under division (G) of this section in order to obtain
release of the vehicle. Upon payment of that fee, the towing
service shall release the vehicle to the owner or operator. Upon
its release, the owner or operator immediately shall move the
vehicle so that the vehicle 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) Prior to towing a vehicle under division (B) of this
section, a towing service shall make all reasonable efforts to
take as many photographs as necessary to evidence that the vehicle
is clearly parked on private property in violation of a private
tow-away zone established under division (A) of this section.
The towing service shall record the time and date of the
photographs taken under this section. The towing service shall
retain the photographs and the record of the time and date, in
electronic or printed form, for at least thirty days after the
date on which the vehicle is recovered by the owner or lienholder
or at least two years after the date on which the vehicle was
towed, whichever is earlier.
(2) A towing service shall deliver a vehicle towed under
division (B) of this section to the location from which it may be
recovered not more than two hours after the time it was removed
from the private tow-away zone.
(E)(1) If an owner of private property that is established as
a private tow-away zone in accordance with division (A) of this
section causes the removal of a vehicle from that property by a
towing service under division (B) of this section, the towing
service, within two hours of removing the vehicle, shall provide
notice to the sheriff of the county or the police department of
the municipal corporation, township, or township or joint police
district in which the property is located concerning all of the
following:
(a) The vehicle's license number, make, model, and color;
(b) The location from which the vehicle was removed;
(c) The date and time the vehicle was removed;
(d) The telephone number of the person from whom the vehicle
may be recovered;
(e) The address of the place from which the vehicle may be
recovered.
(2) Each county sheriff and each chief of police of a
municipal corporation, township, or township or joint police
district shall maintain a record of any vehicle 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 this section. The record shall
include all information submitted by the towing service. The
sheriff or chief shall provide any information in the record that
pertains to a particular vehicle to a person who, either in person
or pursuant to a telephone call, identifies self as the owner,
operator, or lienholder of the vehicle and requests information
pertaining to the vehicle.
(F)(1) When a vehicle is removed from private property in
accordance with this section, the owner of the towing service or
storage facility from which the vehicle may be recovered shall
immediately 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. Subject to division (F)(4) of
this section, the owner of the towing service or storage facility
shall send notice to the vehicle owner and any known lienholder as
follows:
(a) Within five business days of removal of the vehicle from
the private tow-away zone, if the vehicle has not yet been
recovered, to the owner's and lienholder's last known address by
certified or express mail with return receipt requested or by a
commercial carrier service utilizing any form of delivery
requiring a signed receipt;
(b) If the vehicle remains unclaimed thirty days after the
first notice is sent, in the manner authorized in division
(F)(1)(a) of this section;
(c) If the vehicle remains unclaimed forty-five days after
the first notice is sent, in the manner authorized in division
(F)(1)(a) of this section.
(2) Sixty days after any notice sent pursuant to division
(F)(1) of this section is received, as evidenced by a receipt
signed by any person, or the towing service or storage facility
has been notified that delivery was not possible, the owner of a
towing service or storage facility, if authorized under division
(B) of section 4505.101 of the Revised Code, may initiate the
process for obtaining a certificate of title to the motor vehicle
as provided in that section.
(3) A towing service or storage facility that does not
receive a signed receipt of notice, or a notification that
delivery was not possible, shall not obtain, and shall not attempt
to obtain, a certificate of title to the motor vehicle under
division (B) of section 4505.101 of the Revised Code.
(4) With respect to a vehicle concerning which a towing
service or storage facility is not eligible to obtain title under
section 4505.101 of the Revised Code, the towing service or
storage facility need only comply with the initial notice required
under division (F)(1)(a) of this section.
(G)(1) The owner or lienholder of a vehicle that is removed
under division (B) of this section may reclaim it upon all of the
following:
(a) Presentation of proof of ownership, which may be
evidenced by a certificate of title to the vehicle;
(b) Payment of the following fees:
(i) Not more than ninety dollars for the removal of the
vehicle. However, 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, not more than one hundred fifty dollars for the
removal.
(ii) Not more than twelve dollars per twenty-four-hour period
for the storage of the vehicle. However, 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, not more than
twenty dollars per twenty-four-hour period for storage.
(iii) If notice has been sent to the owner and lienholder as
described in division (F) of this section, a processing fee of
twenty-five dollars.
(2) A towing service or storage facility in possession of a
vehicle that is removed under authority of division (B) of this
section shall show the vehicle owner, operator, or lienholder who
contests the removal of the vehicle all photographs taken under
division (D) of this section. Upon request, the towing service or
storage facility shall provide copies of all photographs in the
medium in which the photographs are stored, whether paper,
electronic, or otherwise.
(3) Upon presentation of proof of ownership, which may be
evidenced by a certificate of title to the vehicle, the owner of a
vehicle that is removed under authority of division (B) of this
section may retrieve any personal items from the vehicle without
retrieving the vehicle and without paying any fee. For purposes of
division (G)(3) of this section, "personal items" do not include
any items that are attached to the vehicle.
(H) No towing service or storage facility shall remove, or
cause the removal of, any vehicle from private property that is
established as a private tow-away zone under this section, store
such a vehicle other than in accordance with this section, or
otherwise fail to comply with any applicable requirement of this
section.
(I) This section does not affect or limit the operation of
section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code
as they relate to property other than private property that is
established as a private tow-away zone under division (A) of this
section.
(J) The owner of any towing service or storage facility or
property owner that violates division (H) of this section is
guilty of a minor misdemeanor.
Sec. 4513.61. (A) 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, or a state highway patrol trooper, upon notification
to the sheriff or chief of police of such action and of the
location of the place of storage, may order into storage any motor
vehicle, including an abandoned junk motor vehicle as defined in
section 4513.63 of the Revised Code, that has:
(1) Has come into the possession of the sheriff, chief of
police, or state highway patrol trooper as a result of the
performance of the sheriff's, chief's, or trooper's duties; or
that has
(2) Has been left on a public street or other property open
to the public for purposes of vehicular travel, or upon or within
the right-of-way of any road or highway, for forty-eight hours or
longer without notification to the sheriff or chief of police of
the reasons for leaving the motor vehicle in such place, except
that. However, when such a motor vehicle constitutes an
obstruction to traffic it may be ordered into storage immediately
unless either of the following applies:.
(a) The vehicle was involved in an accident and is subject to
section 4513.66 of the Revised Code;
(b) The vehicle is a commercial motor vehicle. If the vehicle
is a commercial motor vehicle, the sheriff, chief of police, or
state highway patrol trooper shall allow the owner or operator of
the vehicle the opportunity to arrange for the removal of the
motor vehicle within a period of time specified by the sheriff,
chief of police, or state highway patrol trooper. If the sheriff,
chief of police, or state highway patrol trooper determines that
the vehicle cannot be removed within the specified period of time,
the sheriff, chief of police, or state highway patrol trooper
shall order the removal of the vehicle. The
Subject to division (C) of this section, the sheriff or chief
of police shall designate the place of storage of any motor
vehicle so ordered removed.
(B) If the sheriff, chief of police, or a state highway
patrol trooper issues an order under division (A) of this section
and arranges for the removal of a motor vehicle by a towing
service, the towing service shall deliver the motor vehicle to the
location designated by the sheriff or chief of police not more
than two hours after the time it is removed.
(C)(1) The sheriff or chief of police 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 a
motor vehicle ordered into storage by the sheriff or chief of
police, or by a state highway patrol trooper, and, if known,. Upon
obtaining such identity, the sheriff or chief of police shall send
or cause to be sent notice to the owner or lienholder at the
owner's or lienholder's last known address by certified mail with
return receipt requested, notice that informs the owner or
lienholder that the motor vehicle will be declared a nuisance and
disposed of if not claimed within ten days of the date of mailing
of the notice. The
(2) The owner or lienholder of the motor vehicle may reclaim
it
the motor vehicle upon payment of any expenses or charges
incurred in its removal and storage, and presentation of proof of
ownership, which may be evidenced by a certificate of title or
memorandum certificate of title to the motor vehicle. Upon
presentation of proof of ownership, the owner of the motor vehicle
also may retrieve any personal items from the vehicle without
retrieving the vehicle and without paying any fee. If However, the
owner may not retrieve any personal item that has been determined
by the sheriff, chief of police or a state highway patrol trooper,
as applicable, to be necessary to a criminal investigation. For
purposes of division (C)(2) of this section, "personal items" do
not include any items that are attached to the vehicle.
(3) 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 or lienholder as
described in this section, and the search was conducted by the
owner of the place of storage or the owner's employee, and the
notice was sent to the motor vehicle owner by the owner of the
place of storage or the owner's employee, the owner or lienholder
shall pay to the place of storage a processing fee of twenty-five
dollars, in addition to any expenses or charges incurred in the
removal and storage of the vehicle.
(D) If the owner or lienholder makes no claim to the motor
vehicle within ten days of the date of mailing of the notice, and
if the vehicle is to be disposed of at public auction as provided
in section 4513.62 of the Revised Code, the sheriff or chief of
police, without charge to any party, shall file with the clerk of
courts of the county in which the place of storage is located an
affidavit showing compliance with the requirements of this
section. Upon presentation of the affidavit, the clerk, without
charge, shall issue a salvage certificate of title, free and clear
of all liens and encumbrances, to the sheriff or chief of police.
If the vehicle is to be disposed of to a motor vehicle salvage
dealer or other facility as provided in section 4513.62 of the
Revised Code, the sheriff or chief of police shall execute in
triplicate an affidavit, as prescribed by the registrar of motor
vehicles, describing the motor vehicle and the manner in which it
was disposed of, and that all requirements of this section have
been complied with. The sheriff or chief of police shall retain
the original of the affidavit for the sheriff's or chief's
records, and shall furnish two copies to the motor vehicle salvage
dealer or other facility. Upon presentation of a copy of the
affidavit by the motor vehicle salvage dealer, the clerk of
courts, within thirty days of the presentation, shall issue to
such owner a salvage certificate of title, free and clear of all
liens and encumbrances.
(E) Whenever a motor vehicle salvage dealer or other facility
receives an affidavit for the disposal of a motor vehicle as
provided in this section, the dealer or facility shall not be
required to obtain an Ohio certificate of title to the motor
vehicle in the dealer's or facility's own name if the vehicle is
dismantled or destroyed and both copies of the affidavit are
delivered to the clerk of courts.
(F) No towing service or storage facility shall fail to
comply with this section.
Sec. 4513.611. A vehicle owner may bring a civil action
against a towing service or storage facility that violates section
4513.60 or 4513.601 of the Revised Code. If a court determines
that the towing service or storage facility committed the
violation, the court shall award the vehicle owner the following:
(A) If it is a first violation, one thousand dollars;
(B) If it is a second violation, two thousand five hundred
dollars;
(C) If it is a third or subsequent violation, two thousand
five hundred dollars. In addition, the court shall order the
public utilities commission to revoke the towing service's or
storage facility's certificate of public convenience and
necessity. The commission shall comply with the order.
Sec. 4513.66. (A) If a motor vehicle accident occurs on any
highway, public street, or other property open to the public for
purposes of vehicular travel and if any motor vehicle, cargo, or
personal property that has been damaged or spilled as a result of
the motor vehicle accident is blocking the highway, street, or
other property or is otherwise endangering public safety, the
sheriff of the county, or the chief of police of the municipal
corporation, township, or township or joint police district, in
which the accident occurred, a state highway patrol trooper, the
chief of the fire department having jurisdiction where the
accident occurred, or a duly authorized subordinate acting on
behalf of an official specified above, a public safety official
may do either of the following without the consent of the owner
but with the approval of the law enforcement agency conducting any
investigation of the accident, may remove:
(1) Remove, or order the removal of, the motor vehicle if the
motor vehicle is unoccupied, cargo, or personal property from the
portion of the highway, public street, or property ordinarily used
for vehicular travel on the highway, public street, or other
property open to the public for purposes of vehicular travel.
(2) If the motor vehicle is a commercial motor vehicle, allow
the owner or operator of the vehicle the opportunity to arrange
for the removal of the motor vehicle within a period of time
specified by the public safety official. If the public safety
official determines that the motor vehicle cannot be removed
within the specified period of time, the public safety official
shall remove or order the removal of the motor vehicle.
(B)(1) Except as provided in division (B)(2) or (3) of this
section, no employee of the department of transportation, sheriff,
deputy sheriff, chief of police or police officer of a municipal
corporation, township, or township or joint police district, state
highway patrol trooper, chief of a fire department, fire fighter,
or a duly authorized subordinate acting on behalf of such an
any
employee of the department of transportation, or a public safety
official who authorizes or participates in the removal of any
unoccupied motor vehicle, cargo, or personal property as
authorized by division (A) of this section, regardless of whether
the removal is executed by a private towing service, is not liable
in for civil damages for any injury, death, or loss to person or
property that results from the removal of that unoccupied motor
vehicle, cargo, or personal property. Except Further, except as
provided in division (B)(2) or (3) of this section, if the
department of transportation or a sheriff, chief of police of a
municipal corporation, township, or township or joint police
district, head of the state highway patrol, chief of a fire
department, or a duly authorized subordinate acting on behalf of
such an a public safety official authorizes, employs, or arranges
to have a private tow truck operator or towing company service
remove any unoccupied motor vehicle, cargo, or personal property
as authorized by division (A) of this section, that private tow
truck operator or towing company service is not liable in for
civil damages for any injury, death, or loss to person or property
that results from the removal of that unoccupied motor vehicle,
cargo, or personal property. Further, the department of
transportation, sheriff, chief of police, head of the state
highway patrol, fire department chief, or a duly authorized
subordinate acting on behalf of such an official is not liable in
civil damages for any injury, death, or loss to person or property
that results from the private tow truck operator or towing
company's removal of that unoccupied motor vehicle, cargo, or
personal property.
(2) Division (B)(1) of this section does not apply to any
of
the following:
(a) Any person or entity involved in the removal of an
unoccupied motor vehicle, cargo, or personal property pursuant to
division (A) of this section if that removal causes or contributes
to the release of a hazardous material or to structural damage to
the roadway.
(3) Division (B)(1) of this section does not apply to a
private tow truck operator or;
(b) A private towing company service that was not authorized,
employed, or arranged by the department of transportation, a
sheriff, a chief of police of a municipal corporation, township,
or township or joint police district, the head of the state
highway patrol, a chief of a fire department, or a duly authorized
subordinate acting on behalf of such an a public safety official
or to a private tow truck operator or to remove an unoccupied
motor vehicle, cargo, or personal property under this section;
(c) Except as provided in division (B)(2)(d) of this section,
a private towing company service that was authorized, employed, or
arranged by the department of transportation, a sheriff, a chief
of police of a municipal corporation, township, or township or
joint police district, the head of the state highway patrol, or a
chief of a fire department, or a duly authorized subordinate
acting on behalf of such an
a public safety official to perform
the removal of the unoccupied motor vehicle, cargo, or personal
property and but the private tow truck operator or towing company
service performed the removal in a reckless or willful
negligent
manner;
(d) A private towing service that was authorized, employed,
or arranged by a public safety official to perform the removal of
the unoccupied motor vehicle, cargo, or personal property that was
endangering public safety but the private towing service performed
the removal in a reckless manner.
(C) As used in this section, "hazardous:
(1) "Public safety official" means any of the following:
(a) The sheriff of the county, or the chief of police in the
municipal corporation, township, or township or joint police
district, in which the accident occurred;
(b) A state highway patrol trooper;
(c) The chief of the fire department having jurisdiction
where the accident occurred;
(d) A duly authorized subordinate acting on behalf of an
official specified in divisions (C)(1)(a) to (c) of this section.
(2) "Hazardous material" has the same meaning as in section
2305.232 of the Revised Code.
Sec. 4513.67. (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 and business telephone number is
visibly displayed on both the left and right front doors of the
towing vehicle.
(C) No towing service shall do either 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.
Sec. 4513.68. (A) Except as provided in division (B) of this
section, prior to 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 provide an estimate of the price for the removal to the
person who was operating the motor vehicle at the time of the
accident unless that person is incapacitated, seriously injured,
or otherwise unavailable to accept the estimate. The towing
service shall not submit such an estimate to the repair facility
or storage facility to which the motor vehicle is transported
unless the person who was operating the motor vehicle at the time
of the accident meets one of the conditions specified above.
(B) The towing service shall ensure that any estimate
provided under division (A) of this section includes the fees,
services to be rendered, and destination of the vehicle.
(C) 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.
(3) The contract requires the towing service to be paid
directly by issuer of the policy.
(D) If a towing service fails to provide an estimate at an
accident scene as required by this section, the towing service
shall not charge fees for the towing and storage of the motor
vehicle removed from the accident scene that exceed twenty-five
per cent of the fees authorized under division (G)(1)(b) of
section 4513.601 of the Revised Code for a motor vehicle removed
from a private tow-away zone.
(E) Any storage facility that accepts vehicles towed from
accident scenes shall conspicuously post a notice at the entrance
to the storage facility that states the limitation on fees
established under division (D) of this section.
Sec. 4513.69. (A) The owner of a storage facility shall
ensure that the facility remains open during both of the following
periods of time to allow a vehicle owner or lienholder to retrieve
a vehicle in the possession of the storage facility:
(1) Any time during which a towing service is towing a
vehicle pursuant to section 4513.60, 4513.601, or 4513.61 of the
Revised Code and the vehicle will be held by the storage facility;
(2) Between nine o'clock in the morning and noon on the day
after any day during which the storage facility accepted for
storage a vehicle towed under section 4513.60, 4513.601, or
4513.61 of the Revised Code.
(B)(1) The owner of a storage facility that accepts for
storage vehicles towed under section 4513.60, 4513.601, or 4513.61
of the Revised Code shall ensure that a notice is conspicuously
posted at the entrance to the storage facility that states the
telephone number at which the owner or lienholder of a vehicle may
contact the owner or a representative of the storage facility for
the purpose of retrieving a vehicle when the storage facility is
closed. The owner of the storage facility also shall provide that
telephone number to the sheriff of a county or chief of police of
a municipal corporation, township, or township or joint police
district. The owner of the storage facility shall ensure that a
process is in place for purposes of answering calls at all times
day or night.
(2) After receiving a call from the owner or lienholder of a
vehicle who seeks to recover the vehicle, the owner of the storage
facility shall ensure that, within three hours of receiving the
phone call, a representative of the storage facility is available
to release the vehicle upon being presented with proof of
ownership of the vehicle, which may be evidenced by a certificate
of title to the vehicle, and payment of an after-hours vehicle
retrieval fee established under section 4921.251 of the Revised
Code and all other applicable fees.
(C) No owner of a storage facility shall fail to comply with
division (A) or (B) of this section.
Sec. 4921.251. The public utilities commission shall adopt
rules establishing an after-hours vehicle retrieval fee for
purposes of section 4513.69 of the Revised Code.
Section 2. That existing sections 4505.02, 4505.101, 4505.11,
4505.17, 4513.60, 4513.61, and 4513.66 of the Revised Code are
hereby repealed.
Section 3. (A) The owner of a towing service or storage
facility may obtain title to a vehicle that came into the
possession of the towing service or storage facility between
January 31, 2012 and the effective date of this act if all of the
following apply:
(1) The vehicle was towed under division (B) of section
4513.60 of the Revised Code as that section existed prior to the
effective date of this act.
(2) The vehicle has a value of less than three thousand five
hundred dollars. As used in division (A)(2) of this section,
"value" has the same meaning as in division (E)(3) of section
4505.101 of the Revised Code.
(3) The towing service or storage facility sends an initial
notice to the vehicle owner and any lienholder in accordance with
division (F)(1)(a) of section 4513.601 of the Revised Code not
later than thirty days after the effective date of this act and
complies with the requirements of divisions (F)(1)(b) and (c) of
that section. Each notice also shall include the value of the
vehicle as provided in division (A)(2) of this section and a
statement that, if the owner or lienholder fails to claim the
vehicle, the towing service or storage facility may obtain title
to the vehicle.
(4) The towing service or storage facility complies with all
other applicable requirements of section 4505.101 of the Revised
Code.
(B) The owner of a repair garage or place of storage may
obtain title to a motor vehicle with a value of at least two
thousand five hundred dollars, as determined under division (E)(3)
of section 4505.101 of the Revised Code, but less than three
thousand five hundred dollars that came into the possession of the
repair garage or place of storage between January 31, 2012 and the
effective date of this act if all of the following apply:
(1) The motor vehicle has been left unclaimed for fifteen
days or more following completion of the requested repair or the
agreed term of storage.
(2) The repair garage or place of storage sends the notice to
the vehicle owner and any lienholder in accordance with division
(A)(1) of section 4505.101 of the Revised Code not later than
thirty days after the effective date of this act. The notice also
shall include the value of the vehicle, as determined in
accordance with division (E)(3) of section 4505.101 of the Revised
Code, and a statement that if the owner or lienholder fails to
claim the vehicle the repair garage or place of storage may obtain
title to the vehicle.
(3) The repair garage or place of storage otherwise complies
with division (A) of section 4505.101 of the Revised Code.
(C) The owner of a repair garage or place of storage may
obtain title to a motor vehicle, with a value of less than two
thousand five hundred dollars, that came into the possession of
the repair garage or place of storage prior to the effective date
of this act in the manner provided in section 4505.101 of the
Revised Code prior to the amendments made to that section by this
act.
|