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General Assembly Raised Bill No. 6657
January Session, 2023
LCO No. 4008
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT CONCERNING NONCONSENSUAL TOWING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 14-66 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2023): 3
(a) (1) No person, firm or corporation shall engage in the business of 4
operating a wrecker for the purpose of towing or transporting motor 5
vehicles, including motor vehicles which are disabled, inoperative or 6
wrecked or are being removed in accordance with the provisions of 7
section 14-145, as amended by this act, 14-150 or 14-307, unless such 8
person, firm or corporation is a motor vehicle dealer or repairer licensed 9
under the provisions of subpart (D) of this part. (2) The commissioner 10
shall establish and publish a schedule of uniform rates and charges for 11
the nonconsensual towing and transporting of motor vehicles and for 12
the storage of motor vehicles which shall be just and reasonable. Such 13
charges shall include a charge for the release of a motor vehicle that has 14
been connected to a wrecker but not yet removed from the private 15
property from which it is to be towed. Upon petition of any person, firm 16 Raised Bill No. 6657
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or corporation licensed in accordance with the provisions of this section, 17
but not more frequently than once every two years, the commissioner 18
shall reconsider the established rates and charges and shall amend such 19
rates and charges if the commissioner, after consideration of the factors 20
stated in this subdivision, determines that such rates and charges are no 21
longer just and reasonable. In establishing and amending such rates and 22
charges, the commissioner [may] shall consider factors, including, but 23
not limited to, the Consumer Price Index, rates set by other jurisdictions, 24
charges for towing and transporting services provided pursuant to a 25
contract with an automobile club or automobile association licensed 26
under the provisions of section 14-67, [and] rates published in standard 27
service manuals and the operating costs of the towing industry in the 28
state, including the cost of fuel, wreckers, heavy duty wreckers, motor 29
vehicle parts, equipment, personnel, workers' compensation insurance, 30
unemployment compensation, insurance premiums and credit card 31
processing fees. The commissioner shall hold a public hearing for the 32
purpose of obtaining additional information concerning such rates and 33
charges. (3) With respect to the nonconsensual towing or transporting 34
and the storage of motor vehicles, no such person, firm or corporation 35
shall (A) charge more than the rates and charges published by the 36
commissioner, or (B) charge for more than twenty miles of towing or 37
transporting. Any person aggrieved by any action of the commissioner 38
under the provisions of this section may take an appeal therefrom in 39
accordance with section 4-183, except venue for such appeal shall be in 40
the judicial district of New Britain. 41
Sec. 2. Section 14-66b of the general statutes is repealed and the 42
following is substituted in lieu thereof (Effective October 1, 2023): 43
(a) Each owner of a wrecker registered pursuant to subsection (c) of 44
section 14-66 shall keep and maintain a record [stating] that includes the 45
following information: (1) The registration number of each motor 46
vehicle towed or transported and the registration number of each 47
wrecker used to tow or transport such motor vehicle; (2) the date and 48
time the tow commenced and was completed; (3) the location from 49
which the disabled motor vehicle was towed and the destination of such 50 Raised Bill No. 6657
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tow; (4) the mileage of the wrecker at the commencement and 51
completion of the tow; (5) the charge for tow service and any other 52
charges incurred for services related to such tow; (6) the name and 53
address of the person requesting tow service; (7) one or more 54
photographs of the motor vehicle that (A) shows the condition of the 55
motor vehicle and the reason that the motor vehicle is being towed, and 56
(B) is taken prior to the motor vehicle being connected to the wrecker; 57
and [(7)] (8) any other information the commissioner deems necessary, 58
specified in regulations adopted in accordance with the provisions of 59
chapter 54. Such records shall be retained at the place of business of the 60
wrecker service for a period of two years and shall be available for 61
inspection during regular business hours by any law enforcement 62
officer or inspector designated by the Commissioner of Motor Vehicles. 63
(b) Each owner of a wrecker shall also keep and maintain copies of 64
any written contracts with owners or lessees of property authorizing the 65
towing or removal of motor vehicles from the property of such owner 66
or lessee, or with lending institutions repossessing any motor vehicles, 67
as provided in section 14-145, as amended by this act, and such contracts 68
shall be available for inspection by motor vehicle owners, agents of the 69
owners, or lending institutions, upon request. 70
(c) The Commissioner of Motor Vehicles may permit any licensed 71
motor vehicle dealer or repairer who operates a wrecker service to 72
maintain, in an electronic format prescribed by the commissioner, all 73
records, photographs, documents and forms required by the 74
Department of Motor Vehicles. Such records, photographs, documents 75
and forms shall be produced in written format, upon request by the 76
department, during the licensee's business hours on the same day of 77
such request. 78
(d) Any person who violates any provision of this section shall be 79
deemed to have committed an infraction. 80
Sec. 3. Section 14-145 of the general statutes is repealed and the 81
following is substituted in lieu thereof (Effective October 1, 2023): 82 Raised Bill No. 6657
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(a) (1) [An] Except as provided in subdivision (2) of this subsection, 83
an owner or lessee of private property, or [his or her] such owner or 84
lessee's agent, may remove or cause to be removed, or may use a wheel-85
locking device to render immovable, any motor vehicle left without 86
authorization on such property in accordance with the provisions of this 87
section and sections 14-145a to 14-145c, inclusive, as amended by this 88
act, provided any such owner or lessee, [of private commercial 89
property,] or [his or her] such owner or lessee's agent, [shall install] (A) 90
installs conspicuous signage stating that motor vehicles left without 91
authorization on such private [commercial] property may be removed 92
or rendered immovable and indicating where such motor vehicle will 93
be stored, how the vehicle may be redeemed and any costs or fees that 94
may be charged, and (B) in the case of removing or causing a motor 95
vehicle to be removed, affixes a written notice to the motor vehicle left 96
without authorization on such property at least twenty-four hours prior 97
to the removal of such motor vehicle. Any such notice shall (i) state that 98
the motor vehicle will be removed from the private property without 99
the consent of the owner of the motor vehicle if the motor vehicle 100
remains parked in the same location on the property, (ii) describe why 101
the motor vehicle will be removed, (iii) indicate the time when the motor 102
vehicle will be removed, which shall be not later than twenty-four hours 103
after the time the notice was affixed to the motor vehicle, (iv) indicate 104
the time when the notice is affixed to the motor vehicle, and (v) be 105
affixed to the motor vehicle at a conspicuous location on the windshield 106
nearest the operator. 107
(2) [Notwithstanding the provisions of subdivision (1) of this 108
subsection, an] An owner or lessee of private [commercial] property or 109
such owner or lessee's agent may tow any motor vehicle left without 110
authorization on such property [and no signage warning of such towing 111
shall be required to be installed by such owner or lessee] without 112
installing signage or affixing written notice to such motor vehicle as 113
described in subdivision (1) of this subsection if such motor vehicle is 114
left (A) on the property of a single-family dwelling or a multifamily 115
dwelling consisting of two to four units, (B) in a space reserved, as 116 Raised Bill No. 6657
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required in section 14-253a, for exclusive use by persons who are blind 117
and persons with disabilities and such vehicle does not bear a 118
removable windshield placard or special license plate, as defined in 119
section 14-253a, [(B)] (C) in an area reserved for authorized emergency 120
vehicles, [(C)] (D) within ten feet of a fire hydrant, as provided in section 121
14-251, [(D)] (E) blocking building access, [(E)] (F) blocking entry or exit 122
from such property, or [(F)] (G) for forty-eight or more hours. On and 123
after October 1, 2023, if a motor vehicle remains on private property a 124
third or subsequent time in the same manner that caused the motor 125
vehicle to be subject to previous written notices, the owner or lessee, or 126
such owner or lessee's agent, need not affix a written notice to such 127
motor vehicle before removing or causing the removal of the motor 128
vehicle. 129
(3) A lending institution may repossess any motor vehicle, in 130
accordance with the provisions of section 36a-785, by contracting with a 131
wrecker licensed under section 14-66, as amended by this act, or an 132
entity exempt from such licensure, as provided in subsection (f) of 133
section 14-66, to tow or otherwise remove such motor vehicle in 134
accordance with the provisions of this section and sections 14-145a to 135
14-145c, inclusive, as amended by this act. In the case of a repossession, 136
no signage or written notice as described in subdivision (1) of this 137
subsection shall be required. 138
(4) This section shall not apply to law enforcement, fire-fighting, 139
rescue, ambulance or emergency vehicles which are marked as such, or 140
to motor vehicles left without authorization on property leased by any 141
governmental agency. 142
(b) (1) (A) When an unauthorized motor vehicle is towed or otherwise 143
removed by a wrecker licensed under section 14-66, as amended by this 144
act, or a repossessed motor vehicle is towed or otherwise removed by a 145
wrecker or an exempt entity, the licensee or operator of the wrecker or 146
the exempt entity shall notify the local police department of the tow or 147
removal within two hours. Such notification shall be submitted, in 148
writing, or transmitted by facsimile or electronic mail and the record of 149 Raised Bill No. 6657
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such notification shall be retained by such licensee, operator or exempt 150
entity in accordance with the provisions of section 14-66b, as amended 151
by this act. 152
(B) No such licensee, operator or exempt entity may charge a storage 153
fee for an unauthorized or repossessed motor vehicle for the time it is 154
stored prior to notification of the local police department by the licensee, 155
operator or exempt entity. If such motor vehicle is not claimed within 156
forty-eight hours, the licensee or operator of the wrecker or of the garage 157
where such motor vehicle is stored or the exempt entity shall 158
immediately complete a notice of such tow, on a form prescribed by the 159
Commissioner of Motor Vehicles, and mail a copy of such form by 160
certified mail, return receipt requested, to the owner and all lienholders 161
of record. If the motor vehicle is not claimed by its owner within the 162
time period specified in subsection (e) of section 14-150, the licensee or 163
operator of the wrecker or of the garage where such motor vehicle is 164
stored or the exempt entity may dispose of such motor vehicle in 165
accordance with the provisions of subsection (e) and subsections (g) to 166
(j), inclusive, of section 14-150. 167
(2) (A) When an unauthorized motor vehicle is rendered immovable 168
through use of a wheel-locking device by an owner or lessee of private 169
property, or [his or her] such owner or lessee's agent, such owner, lessee 170
or agent shall notify the local police department of such action within 171
two hours. Such notification shall be submitted in writing or transmitted 172
by facsimile or electronic mail. The record of such notification shall be 173
retained by such owner, lessee or agent at the private property upon 174
which such action took place, for a period of not less than six months 175
and shall be available for inspection during regular business hours by 176
any sworn member of the local police department or law enforcement 177
officer or inspector designated by the Commissioner of Motor Vehicles. 178
(B) No owner, lessee or agent may charge a fee to remove a wheel-179
locking device prior to notification of the local police department. The 180
fee charged to remove a wheel-locking device may not be more than 181
fifty dollars. The person claiming the motor vehicle may choose to pay 182 Raised Bill No. 6657
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such fee in cash, by check or by debit or credit card. Ten per cent of such 183
fee shall be remitted to the local police department by the owner, lessee 184
or agent. If such motor vehicle is not claimed within forty-eight hours 185
after being rendered immovable, the owner, lessee or agent shall 186
immediately complete a notice that such motor vehicle has been 187
rendered immovable, on a form prescribed by the commissioner, and 188
mail a copy of such form by certified mail, return receipt requested, to 189
the owner of such motor vehicle and all lienholders of record. If the 190
motor vehicle is not claimed by its owner within the time period 191
specified in subsection (e) of section 14-150, the owner, lessee or agent 192
may dispose of such motor vehicle in accordance with the provisions of 193
subsection (e) and subsections (g) to (j), inclusive, of section 14-150. 194
(3) The local police department, not later than forty-eight hours after 195
receiving notification of a tow or removal of an unauthorized motor 196
vehicle pursuant to subdivision (1) of this subsection, or use of a wheel-197
locking device pursuant to subdivision (2) of this subsection, shall enter 198
the vehicle identification number into the National Crime Information 199
Center database and the Connecticut On-Line Law Enforcement 200
Communications Teleprocessing System to determine whether such 201
motor vehicle has been reported as stolen. If such motor vehicle has been 202
reported as stolen, the local police department shall immediately notify 203
the department that reported the vehicle as stolen. 204
(c) Upon request by the owner or operator of a motor vehicle that has 205
been connected to a wrecker but has not yet been removed from the 206
private property, the licensee or operator of the wrecker shall 207
immediately release the motor vehicle to such owner or operator and 208
may charge no more than the amount published by the Commissioner 209
of Motor Vehicles pursuant to subdivision (2) of subsection (a) of section 210
14-66, as amended by this act. 211
[(c)] (d) The commissioner may adopt regulations, in accordance with 212
the provisions of chapter 54, (1) specifying the circumstances under 213
which title to any motor vehicle towed or stored, or both, or rendered 214
immovable under this section may be transferred to any person, firm or 215 Raised Bill No. 6657
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corporation towing, storing or rendering immovable such vehicle, and 216
(2) establishing the procedure whereby such person, firm or corporation 217
may obtain title to such motor vehicle. 218
[(d)] (e) No owner or lessee of private property, or [his or her] such 219
owner or lessee's agent, shall issue a parking citation by written 220
warning, posted signage or other means to impose a monetary sanction 221
on an owner of a motor vehicle parked on such property. The provisions 222
of this subsection shall not apply to an independent institution of higher 223
education, as defined in subsection (a) of section 10a-173, or a private 224
secondary school. 225
[(e)] (f) Any person who violates any provision of this section shall, 226
for a first offense, be deemed to have committed an infraction and be 227
fined fifty dollars, and, for each subsequent offense, shall be fined not 228
less than fifty dollars and not more than one hundred dollars or 229
imprisoned not more than thirty days or be both fined and imprisoned. 230
Sec. 4. Section 14-145a of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective October 1, 2023): 232
(a) No [vehicle] vehicles shall be towed or removed from private 233
property except (1) upon express instruction of the owner or lessee, or 234
[his or her] such owner or lessee's agent, of the property [upon which 235
the vehicle is trespassing] for each individual case of a vehicle left 236
without authorization on such property, or (2) for the purpose of 237
repossession of the motor vehicle by a lending institution. No vehicle 238
shall be rendered immovable on private property through the use of a 239
wheel-locking device except upon express instruction of the owner or 240
lessee, or [his or her] such owner or lessee's agent. Nothing in this 241
subsection shall be construed to limit the right of a municipality or the 242
state to remove an abandoned motor vehicle in accordance with the 243
provisions of section 14-150. 244
(b) No person, [or] firm or corporation licensed under section 14-66, 245
as amended by this act, that tows or removes a motor vehicle from 246
private property or renders a motor vehicle immovable on private 247 Raised Bill No. 6657
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property shall rebate or pay any money or other valuable consideration 248
to the owner or lessee, or [his or her] such owner or lessee's agent, of the 249
property from which the vehicle is towed or removed or on which the 250
vehicle is rendered immovable, or to a lending institution, for the 251
privilege of towing, removing or rendering immovable such vehicle. 252
(c) No person, firm or corporation licensed under section 14-66, as 253
amended by this act, shall enter into any agreement with an owner or 254
lessee of private property to provide automatic or systematic 255
surveillance of such property for the purpose of towing or removing any 256
motor vehicle from such property, except upon express instruction by 257
such owner or lessee to such person, firm or corporation for each 258
individual case of a motor vehicle left without authorization on such 259
property. Any person, firm or corporation violating the provisions of 260
this subsection shall be fined not more than one thousand dollars. 261
Sec. 5. Section 14-145b of the general statutes is repealed and the 262
following is substituted in lieu thereof (Effective October 1, 2023): 263
(a) (1) Any vehicle towed or removed from private property pursuant 264
to sections 14-145 to 14-145c, inclusive, as amended by this act, shall be 265
stored at the site of the towing company's business in a secured storage 266
lot, provided such site is located within a twenty-mile radius of the 267
private property from where the vehicle was removed. The site shall be 268
open during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, 269
and be reasonably available on Saturday, Sunday and holidays, for the 270
purpose of vehicle redemption. 271
(2) No vehicle shall be rendered immovable on private property 272
through use of a wheel-locking device pursuant to sections 14-145 to 14-273
145c, inclusive, as amended by this act, unless the vehicle is located in a 274
secure place on such property that is reasonably accessible for the 275
purpose of vehicle redemption. Personnel to provide for vehicle 276
redemption shall be on such property for not less than eight hours after 277
a vehicle has been rendered immovable. Additionally, signage shall 278
describe the hours for vehicle redemption when the eight-hour deadline 279 Raised Bill No. 6657
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has passed. If the vehicle is towed or removed from such property, all 280
provisions of sections 14-145 to 14-145c, inclusive, as amended by this 281
act, relating to the towing or removal of a vehicle shall be applicable. 282
(b) When a vehicle has been towed or removed pursuant to sections 283
14-145 to 14-145c, inclusive, as amended by this act, it shall be released 284
to its owner, a lending institution or a person authorized by the owner 285
or lending institution to regain possession, upon demand, provided the 286
demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday 287
through Friday or at a reasonable time on Saturday, Sunday or holidays 288
and the owner or authorized person presents proof of registration and 289
pays the costs of towing or removal and of storage. The person or firm 290
towing or removing the vehicle shall accept such payment by cash, 291
check, credit card or debit card and maintain sufficient cash at the office 292
of the towing company's business to provide change to the owner or 293
authorized person at the time of payment. 294
(c) Any vehicle owner, lending institution or agent of the owner or 295
lending institution, shall have the right to inspect the vehicle before 296
accepting its return or removal of a wheel-locking device. No general 297
release of any kind that would release the person or firm towing, 298
removing or storing the vehicle or rendering the vehicle immovable 299
from liability for damages or from liability for any claim that the vehicle 300
was towed or rendered immovable without justification may be 301
required from any vehicle owner, lending institution or agent of the 302
owner or lending institution, as a condition of release of the vehicle. A 303
receipt showing the name of the person or firm towing or removing the 304
vehicle or rendering the vehicle immovable and an itemization of the 305
charges shall be provided to the person paying the towing or removal 306
and storage costs or the charge for removal of a wheel-locking device at 307
the time of payment. 308
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 14-66(a)
Sec. 2 October 1, 2023 14-66b Raised Bill No. 6657
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Sec. 3 October 1, 2023 14-145
Sec. 4 October 1, 2023 14-145a
Sec. 5 October 1, 2023 14-145b
Statement of Purpose:
To (1) require the Commissioner of Motor Vehicles to consider
operating costs of the towing industry when establishing rates and
charges for nonconsensual towing, (2) prohibit wreckers from charging
for more than twenty miles of towing or transporting, (3) require
wreckers to take one or more pictures of a motor vehicle prior to towing
or transporting and accept payment by cash, check, credit card or debit
card and provide change when appropriate, (4) require twenty-four-
hour notice prior to removing a motor vehicle from private property,
and (5) prohibit agreements between property owners and wreckers for
the surveillance of property for the purpose of towing vehicles.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]