Connecticut 2019 Regular Session

Connecticut Senate Bill SB00866 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3
4	4	LCO No. 4244 1 of 4
5	5
6	6	General Assembly Raised Bill No. 866
7	7	January Session, 2019
8	8	LCO No. 4244
9	9
10	10
11	11	Referred to Committee on TRANSPORTATION
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13	13
14	14	Introduced by:
15	15	(TRA)
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19	19
20	20	AN ACT CONCERNING TH E NONCONSENSUAL TOWING OR
21	21	TRANSPORTING OF MOTO R VEHICLES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (a) of section 14-66 of the general statutes is 1
26	26	repealed and the following is substituted in lieu thereof (Effective 2
27	27	October 1, 2019): 3
28	28	(a) (1) No person, firm or corporation shall engage in the business of 4
29	29	operating a wrecker for the purpose of towing or transporting motor 5
30	30	vehicles, including motor vehicles which are disabled, inoperative or 6
31	31	wrecked or are being removed in accordance with the provisions of 7
32	32	section 14-145, 14-150 or 14-307, unless such person, firm or 8
33	33	corporation is a motor vehicle dealer or repairer licensed under the 9
34	34	provisions of subpart (D) of this part. (2) The commissioner shall 10
35	35	establish and publish a schedule of uniform rates and charges for the 11
36	36	nonconsensual towing [and] or transporting of motor vehicles and for 12
37	37	the storage of motor vehicles which shall be just and reasonable. Upon 13
38	38	petition of any person, firm or corporation licensed in accordance with 14
39	39	the provisions of this section, but not more frequently than once every 15 Raised Bill No. 866
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41	41
42	42
43	43	LCO No. 4244 2 of 4
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45	45	two years, the commissioner shall reconsider the established rates and 16
46	46	charges and shall amend such rates and charges if the commissioner, 17
47	47	after consideration of the factors stated in this subdivision, determines 18
48	48	that such rates and charges are no longer just and reasonable. In 19
49	49	establishing and amending such rates and charges, the commissioner 20
50	50	may consider factors, including, but not limited to, the Consumer Price 21
51	51	Index, rates set by other jurisdictions, [charges for towing and 22
52	52	transporting services provided pursuant to a contract with an 23
53	53	automobile club or automobile association licensed under the 24
54	54	provisions of section 14-67 and rates published in standard service 25
55	55	manuals] and the costs incurred by such person, firm or corporation to 26
56	56	perform towing or transporting services and provide storage, 27
57	57	including, the cost of equipment, insurance and other reasonable 28
58	58	business expenses. The commissioner shall hold a public hearing for 29
59	59	the purpose of obtaining additional information concerning such rates 30
60	60	and charges. (3) Such person, firm or corporation may assess a 31
61	61	surcharge in the amount of ten dollars on each nonconsensual towing 32
62	62	or transporting of a motor vehicle, but shall not assess the surcharge 33
63	63	on a motor vehicle that was towed or transported during an attack, 34
64	64	major disaster, emergency or disaster emergency, as those terms are 35
65	65	defined in section 28-1, or snow removal by the state or municipality. 36
66	66	(4) With respect to the nonconsensual towing or transporting and the 37
67	67	storage of motor vehicles, no such person, firm or corporation shall 38
68	68	charge more than the rates and charges published by the commissioner 39
69	69	and the authorized surcharge. Any person aggrieved by any action of 40
70	70	the commissioner under the provisions of this section may take an 41
71	71	appeal therefrom in accordance with section 4-183, except venue for 42
72	72	such appeal shall be in the judicial district of New Britain. 43
73	73	Sec. 2. Section 14-66b of the general statutes is repealed and the 44
74	74	following is substituted in lieu thereof (Effective October 1, 2019): 45
75	75	Each owner of a wrecker registered pursuant to subsection (c) of 46
76	76	section 14-66 shall keep and maintain a record stating the following 47
77	77	information: (1) The registration number of each motor vehicle towed 48
78	78	or transported and the registration number of each wrecker used to 49 Raised Bill No. 866
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80	80
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82	82	LCO No. 4244 3 of 4
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84	84	tow or transport such motor vehicle; (2) the date and time [the] such 50
85	85	tow commenced and was completed; (3) the location from which the 51
86	86	disabled motor vehicle was towed and the destination of such tow; (4) 52
87	87	the mileage of the wrecker at the commencement and completion of 53
88	88	[the] such tow; (5) the charge for tow service and any other charges 54
89	89	incurred for services related to such tow; (6) whether the wrecker 55
90	90	assessed the authorized surcharge on such tow; (7) the name and 56
91	91	address of the person requesting tow service; and [(7)] (8) any other 57
92	92	information the commissioner deems necessary [,] as specified in 58
93	93	regulations adopted in accordance with the provisions of chapter 54. 59
94	94	Such records shall be retained at the place of business of the wrecker 60
95	95	service for a period of two years and shall be available for inspection 61
96	96	during regular business hours by any law enforcement officer or 62
97	97	inspector designated by the Commissioner of Motor Vehicles. Each 63
98	98	owner of a wrecker shall also keep and maintain copies of any written 64
99	99	contracts with owners or lessees of property authorizing the towing or 65
100	100	removal of motor vehicles from the property of such owner or lessee, 66
101	101	or with lending institutions repossessing any motor vehicles, as 67
102	102	provided in section 14-145, and such contracts shall be available for 68
103	103	inspection by motor vehicle owners, agents of the owners, or lending 69
104	104	institutions, upon request. The Commissioner of Motor Vehicles may 70
105	105	permit any licensed motor vehicle dealer or repairer who operates a 71
106	106	wrecker service to maintain, in an electronic format prescribed by the 72
107	107	commissioner, all records, documents and forms required by the 73
108	108	Department of Motor Vehicles. Such records, documents and forms 74
109	109	shall be produced in written format, upon request by the department, 75
110	110	during the licensee's business hours on the same day of such request. 76
111	111	Any person who violates any provision of this section shall be deemed 77
112	112	to have committed an infraction. 78
113	113	This act shall take effect as follows and shall amend the following
114	114	sections:
115	115
116	116	Section 1 October 1, 2019 14-66(a)
117	117	Sec. 2 October 1, 2019 14-66b
118	118	Raised Bill No. 866
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120	120
121	121
122	122	LCO No. 4244 4 of 4
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124	124	Statement of Purpose:
125	125	To permit a wrecker to assess a surcharge of ten dollars for the
126	126	nonconsensual towing or transporting of a motor vehicle.
127	127	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
128	128	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
129	129	not underlined.]
130	130