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General Assembly Substitute Bill No. 6657
January Session, 2023
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repealed and the following is substituted in lieu thereof (Effective October 2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
schedule shall include a charge for the release of a motor vehicle that 14
has 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
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 Substitute Bill No. 6657
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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 operating costs of the towing industry in the state, 28
including the cost of fuel, wreckers, heavy duty wreckers, motor vehicle 29
parts, equipment, personnel, workers' compensation insurance, 30
unemployment compensation and insurance premiums . The 31
commissioner shall hold a public hearing for the purpose of obtaining 32
additional information concerning such rates and charges. (3) With 33
respect to the nonconsensual towing or transporting and the storage of 34
motor vehicles, no such person, firm or corporation shall charge more 35
than the rates and charges published by the commissioner. Any person, 36
firm or corporation aggrieved by any action of the commissioner under 37
the provisions of this section may take an appeal therefrom in 38
accordance with section 4-183, except venue for such appeal shall be in 39
the judicial district of New Britain. 40
Sec. 2. Section 14-66b of the general statutes is repealed and the 41
following is substituted in lieu thereof (Effective October 1, 2023): 42
(a) Each owner of a wrecker registered pursuant to subsection (c) of 43
section 14-66 shall keep and maintain a record [stating] that includes the 44
following information: (1) The registration number of each motor 45
vehicle towed or transported and the registration number of each 46
wrecker used to tow or transport such motor vehicle; (2) the date and 47
time the tow commenced and was completed; (3) the location from 48
which the disabled motor vehicle was towed and the destination of such 49
tow; (4) the mileage of the wrecker at the commencement and 50
completion of the tow; (5) the charge for tow service and any other 51
charges incurred for services related to such tow; (6) the name and 52 Substitute Bill No. 6657
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address of the person requesting tow service; (7) the written 53
authorization to tow the motor vehicle as described in section 14-145a, 54
as amended by this act, if applicable; (8) one or more photographs of the 55
motor vehicle that (A) shows the condition of the motor vehicle and the 56
reason that the motor vehicle is being towed, and (B) is taken prior to 57
the motor vehicle being connected to the wrecker; and [(7)] (9) any other 58
information the commissioner deems necessary, specified in regulations 59
adopted in accordance with the provisions of chapter 54. Such records 60
shall be retained at the place of business of the wrecker service for a 61
period of two years and shall be available for inspection during regular 62
business hours by any law enforcement officer or inspector designated 63
by the Commissioner of Motor Vehicles. 64
(b) Each owner of a wrecker shall also keep and maintain copies of 65
any written contracts with owners or lessees of property authorizing the 66
towing or removal of motor vehicles from the property of such owner 67
or lessee, or with lending institutions repossessing any motor vehicles, 68
as provided in section 14-145, as amended by this act, and such contracts 69
shall be available for inspection by motor vehicle owners, agents of the 70
owners, or lending institutions, upon request. 71
(c) The Commissioner of Motor Vehicles may permit any licensed 72
motor vehicle dealer or repairer who operates a wrecker service to 73
maintain, in an electronic format prescribed by the commissioner, all 74
records, photographs, documents and forms required by the 75
Department of Motor Vehicles. Such records, photographs, documents 76
and forms shall be produced in written format, upon request by the 77
department, during the licensee's business hours on the same day of 78
such request. 79
(d) Any person who violates any provision of this section shall be 80
deemed to have committed an infraction. 81
Sec. 3. Section 14-145 of the general statutes is repealed and the 82
following is substituted in lieu thereof (Effective October 1, 2023): 83 Substitute Bill No. 6657
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(a) (1) [An] For the purposes of this section, "residential complex" 84
means a multifamily dwelling, a condominium, as defined in section 47-85
68a, or a common interest community, as defined in section 47-202, (A) 86
that is used for residential purposes, and (B) for which a common 87
parking area is provided, regardless of whether each resident or unit has 88
been assigned a specific parking space in the common parking area. 89
(2) Except as provided in this subdivision and subdivision (4) of this 90
subsection, an owner or lessee of private property, or [his or her] such 91
owner or lessee's agent, may remove or cause to be removed, or may use 92
a wheel-locking device to render immovable, any motor vehicle left 93
without authorization on such property in accordance with the 94
provisions of this section and sections 14-145a to 14-145c, inclusive, as 95
amended by this act, provided any such owner or lessee, or such owner 96
or lessee's agent, of private [commercial property, or his or her agent, 97
shall install] property, excluding residential property upon which a 98
single-family dwelling is situated, installs conspicuous signage [stating] 99
at all entryways to the private property. Such signage shall (A) state that 100
motor vehicles left without authorization on such private [commercial] 101
property may be removed or rendered immovable [and indicating] at 102
the expense of the owner of the motor vehicle, (B) indicate the name, 103
address and telephone number of the person, firm or corporation 104
licensed under section 14-66, as amended by this act, performing the 105
removal or the person rendering the motor vehicle immovable, where 106
such motor vehicle will be stored, how the vehicle may be redeemed 107
and any costs or fees that may be charged, and (C) list the violations that 108
would cause a motor vehicle to be removed or rendered immovable. An 109
owner or lessee, or such owner or lessee's agent, may not remove or 110
cause to be removed, nor render immovable, a motor vehicle solely 111
because such vehicle is unregistered, or has expired registration, in 112
violation of section 14-12. 113
[(2) Notwithstanding the provisions of subdivision (1) of this 114
subsection, an] (3) Except as provided in subdivision (4) of this 115
subsection, in the case of removing or causing a motor vehicle to be 116 Substitute Bill No. 6657
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removed from a residential complex, the owner or lessee of the 117
residential complex, or such owner or lessee's agent, shall also affix a 118
written notice to the motor vehicle left without authorization on such 119
residential complex at least twenty-four hours prior to the removal of 120
such motor vehicle. Any such notice shall (A) state that the motor 121
vehicle will be removed from the residential complex without the 122
consent of the owner of the motor vehicle if the motor vehicle remains 123
parked in the same location on the residential complex, (B) describe why 124
the motor vehicle will be removed, (C) indicate the time when the motor 125
vehicle will be removed, which shall be not earlier than twenty-four 126
hours after the time the notice was affixed to the motor vehicle, (D) 127
indicate the time when the notice is affixed to the motor vehicle, and (E) 128
be affixed to the motor vehicle at a conspicuous location on the 129
windshield nearest the operator. 130
(4) An owner or lessee, or such owner or lessee's agent, of private 131
[commercial] property [or such owner or lessee's agent] may tow any 132
motor vehicle left without authorization on such property [and no 133
signage warning of such towing shall be required to be installed by such 134
owner or lessee] without installing signage as described in subdivision 135
(2) of this subsection or affixing written notice to such motor vehicle as 136
described in subdivision (3) of this subsection, as the case may be, if such 137
motor vehicle is left (A) in a space reserved, as required in section 14-138
253a, for exclusive use by persons who are blind and persons with 139
disabilities and such vehicle does not bear a removable windshield 140
placard or special license plate, as defined in section 14-253a, (B) in an 141
area reserved for authorized emergency vehicles, (C) within ten feet of 142
a fire hydrant, as provided in section 14-251, (D) [blocking building 143
access] occupying without permission, or effectively obstructing access 144
to or from a building or to or from, a space reserved for a specific 145
resident or unit, (E) blocking entry or exit from such property, [or] (F) 146
for forty-eight or more hours, [. (3)] (G) without displaying valid 147
authorization in a parking area marked for the exclusive use of 148
residents, (H) in an area not designated for the parking of motor 149
vehicles, or (I) in violation of a parking ban to facilitate the removal of 150 Substitute Bill No. 6657
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snow and ice, provided such owner or lessee, or such owner or lessee's 151
agent, posts notice of such parking ban in conspicuous places in the 152
building and parking area and communicates such parking ban directly 153
by telephone, electronic mail or text message at least four hours before 154
enacting such parking ban. On and after October 1, 2023, if a motor 155
vehicle remains located on a residential complex a third or subsequent 156
time in the same manner that caused the motor vehicle to be subject to 157
previous written notices as described in subdivision (3) of this 158
subsection, the owner or lessee, or such owner or lessee's agent, need 159
not affix a written notice to such motor vehicle before removing or 160
causing the removal of the motor vehicle. 161
(5) A lending institution may repossess any motor vehicle, in 162
accordance with the provisions of section 36a-785, by contracting with a 163
wrecker licensed under section 14-66, as amended by this act, or an 164
entity exempt from such licensure, as provided in subsection (f) of 165
section 14-66, to tow or otherwise remove such motor vehicle in 166
accordance with the provisions of this section and sections 14-145a to 167
14-145c, inclusive, as amended by this act. In the case of a repossession, 168
no signage as described in subdivision [(1)] (2) of this subsection or 169
written notice as described in subdivision (3) of this subsection shall be 170
required. 171
[(4)] (6) This section shall not apply to law enforcement, fire-fighting, 172
rescue, ambulance or emergency vehicles which are marked as such, or 173
to motor vehicles left without authorization on property leased by any 174
governmental agency. 175
(b) (1) (A) When an unauthorized motor vehicle is towed or otherwise 176
removed by a wrecker licensed under section 14-66, as amended by this 177
act, or a repossessed motor vehicle is towed or otherwise removed by a 178
wrecker or an exempt entity, the licensee or operator of the wrecker or 179
the exempt entity shall notify the local police department of the tow or 180
removal within two hours. Such notification shall be submitted, in 181
writing, or transmitted by facsimile or electronic mail and the record of 182
such notification shall be retained by such licensee, operator or exempt 183 Substitute Bill No. 6657
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entity in accordance with the provisions of section 14-66b, as amended 184
by this act. 185
(B) No such licensee, operator or exempt entity may charge a storage 186
fee for an unauthorized or repossessed motor vehicle for the time it is 187
stored prior to notification of the local police department by the licensee, 188
operator or exempt entity. If such motor vehicle is not claimed within 189
forty-eight hours, the licensee or operator of the wrecker or of the garage 190
where such motor vehicle is stored or the exempt entity shall 191
immediately complete a notice of such tow, on a form prescribed by the 192
Commissioner of Motor Vehicles, and mail a copy of such form by 193
certified mail, return receipt requested, to the owner and all lienholders 194
of record. If the motor vehicle is not claimed by its owner within the 195
time period specified in subsection (e) of section 14-150, the licensee or 196
operator of the wrecker or of the garage where such motor vehicle is 197
stored or the exempt entity may dispose of such motor vehicle in 198
accordance with the provisions of subsection (e) and subsections (g) to 199
(j), inclusive, of section 14-150. 200
(2) (A) When an unauthorized motor vehicle is rendered immovable 201
through use of a wheel-locking device by an owner or lessee of private 202
property, or [his or her] such owner or lessee's agent, such owner, lessee 203
or agent shall notify the local police department of such action within 204
two hours. Such notification shall be submitted in writing or transmitted 205
by facsimile or electronic mail. The record of such notification shall be 206
retained by such owner, lessee or agent at the private property upon 207
which such action took place, for a period of not less than six months 208
and shall be available for inspection during regular business hours by 209
any sworn member of the local police department or law enforcement 210
officer or inspector designated by the Commissioner of Motor Vehicles. 211
(B) No owner, lessee or agent may charge a fee to remove a wheel-212
locking device prior to notification of the local police department. The 213
fee charged to remove a wheel-locking device may not be more than 214
fifty dollars. The person claiming the motor vehicle may choose to pay 215
such fee in cash, by check or by debit or credit card. Ten per cent of such 216 Substitute Bill No. 6657
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fee shall be remitted to the local police department by the owner, lessee 217
or agent. If such motor vehicle is not claimed within forty-eight hours 218
after being rendered immovable, the owner, lessee or agent shall 219
immediately complete a notice that such motor vehicle has been 220
rendered immovable, on a form prescribed by the commissioner, and 221
mail a copy of such form by certified mail, return receipt requested, to 222
the owner of such motor vehicle and all lienholders of record. If the 223
motor vehicle is not claimed by its owner within the time period 224
specified in subsection (e) of section 14-150, the owner, lessee or agent 225
may dispose of such motor vehicle in accordance with the provisions of 226
subsection (e) and subsections (g) to (j), inclusive, of section 14-150. 227
(3) The local police department, not later than forty-eight hours after 228
receiving notification of a tow or removal of an unauthorized motor 229
vehicle pursuant to subdivision (1) of this subsection, or use of a wheel-230
locking device pursuant to subdivision (2) of this subsection, shall enter 231
the vehicle identification number into the National Crime Information 232
Center database and the Connecticut On-Line Law Enforcement 233
Communications Teleprocessing System to determine whether such 234
motor vehicle has been reported as stolen. If such motor vehicle has been 235
reported as stolen, the local police department shall immediately notify 236
the department that reported the vehicle as stolen. 237
(c) Upon request by the owner or operator of a motor vehicle that has 238
been connected to a wrecker but has not yet been removed from the 239
private property, the licensee or operator of the wrecker shall 240
immediately release the motor vehicle to such owner or operator and 241
may charge no more than the amount published by the Commissioner 242
of Motor Vehicles pursuant to subdivision (2) of subsection (a) of section 243
14-66, as amended by this act. 244
[(c)] (d) The commissioner may adopt regulations, in accordance with 245
the provisions of chapter 54, (1) specifying the circumstances under 246
which title to any motor vehicle towed or stored, or both, or rendered 247
immovable under this section may be transferred to any person, firm or 248
corporation towing, storing or rendering immovable such vehicle, and 249 Substitute Bill No. 6657
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(2) establishing the procedure whereby such person, firm or corporation 250
may obtain title to such motor vehicle. 251
[(d)] (e) No owner or lessee of private property, or [his or her] such 252
owner or lessee's agent, shall issue a parking citation by written 253
warning, posted signage or other means to impose a monetary sanction 254
on an owner of a motor vehicle parked on such property. The provisions 255
of this subsection shall not apply to an independent institution of higher 256
education, as defined in subsection (a) of section 10a-173, or a private 257
secondary school. 258
[(e)] (f) Any person who violates any provision of this section shall, 259
for a first offense, be deemed to have committed an infraction and be 260
fined fifty dollars, and, for each subsequent offense, shall be fined not 261
less than fifty dollars and not more than one hundred dollars or 262
imprisoned not more than thirty days or be both fined and imprisoned. 263
Sec. 4. Section 14-145a of the general statutes is repealed and the 264
following is substituted in lieu thereof (Effective October 1, 2023): 265
(a) No [vehicle] person, firm or corporation licensed under section 14-266
66, as amended by this act, shall [be towed or removed] tow or remove 267
a motor vehicle from private property [except (1) upon express 268
instruction of the owner or lessee, or his or her agent, of the property 269
upon which the vehicle is trespassing, or (2) for the purpose of 270
repossession of the motor vehicle by a lending institution. No vehicle 271
shall be rendered immovable on private property through the use of a 272
wheel-locking device except upon express instruction of the owner or 273
lessee, or his or her agent] without first obtaining the written 274
authorization to tow or remove such motor vehicle, at any time within 275
the twenty-four hours preceding the tow or removal, from the owner or 276
lessee, or such owner or lessee's agent, who shall be present on the 277
property and verify the reason for such tow or removal. Such written 278
authorization shall include (1) the make, model, vehicle identification 279
number and number plate of the motor vehicle to be tow or removed, 280
(2) the name, signature, job title, residential or business address and 281 Substitute Bill No. 6657
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telephone number of the owner or lessee, or such owner or lessee's 282
agent, authorizing the tow or removal, (3) the reason for removing the 283
motor vehicle, (4) the time when the motor vehicle was first observed 284
parked at the private property, and (5) the time that authorization to tow 285
or remove the motor vehicle was given. Such person, firm or corporation 286
may be an agent of such owner or lessee with the authority to provide 287
the written authorization described in this subsection only for the tow 288
or removal of a motor vehicle that is left on such property as described 289
in subparagraphs (A) to (I), inclusive, of subdivision (4) of subsection (a) 290
of section 14-145, as amended by this act. Nothing in this subsection 291
shall be construed to limit the right of a municipality or the state to 292
remove an abandoned motor vehicle in accordance with the provisions 293
of section 14-150. 294
(b) No vehicle shall be rendered immovable on private property 295
through the use of a wheel-locking device except upon express 296
instruction of the owner or lessee, or such owner or lessee's agent. 297
[(b)] (c) No person, [or] firm or corporation that tows or removes a 298
motor vehicle from private property or renders a motor vehicle 299
immovable on private property shall rebate or pay any money or other 300
valuable consideration to the owner or lessee, or [his or her] such owner 301
or lessee's agent, of the property from which the vehicle is towed or 302
removed or on which the vehicle is rendered immovable, or to a lending 303
institution, for the privilege of towing, removing or rendering 304
immovable such vehicle. 305
(d) Any person, firm or corporation violating any provision of this 306
section shall be fined not more than one thousand dollars. 307
Sec. 5. Section 14-145b of the general statutes is repealed and the 308
following is substituted in lieu thereof (Effective October 1, 2023): 309
(a) (1) Any vehicle towed or removed from private property pursuant 310
to sections 14-145 to 14-145c, inclusive, as amended by this act, shall be 311
stored at the site of the towing company's business in a secured storage 312 Substitute Bill No. 6657
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lot, provided the site of such lot is located within a ten-mile radius of 313
the private property from where the vehicle was removed if the private 314
property is located in a municipality with a population greater than fifty 315
thousand. The site shall be open during the hours of 8:00 a.m. to 5:00 316
p.m., Monday through Friday, and be reasonably available on Saturday, 317
Sunday and holidays, for the purpose of vehicle redemption. 318
(2) No vehicle shall be rendered immovable on private property 319
through use of a wheel-locking device pursuant to sections 14-145 to 14-320
145c, inclusive, as amended by this act, unless the vehicle is located in a 321
secure place on such property that is reasonably accessible for the 322
purpose of vehicle redemption. Personnel to provide for vehicle 323
redemption shall be on such property for not less than eight hours after 324
a vehicle has been rendered immovable. Additionally, signage shall 325
describe the hours for vehicle redemption when the eight-hour deadline 326
has passed. If the vehicle is towed or removed from such property, all 327
provisions of sections 14-145 to 14-145c, inclusive, as amended by this 328
act, relating to the towing or removal of a vehicle shall be applicable. 329
(b) When a vehicle has been towed or removed pursuant to sections 330
14-145 to 14-145c, inclusive, as amended by this act, it shall be released 331
to its owner, a lending institution or a person authorized by the owner 332
or lending institution to regain possession, upon demand, provided the 333
demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday 334
through Friday or at a reasonable time on Saturday, Sunday or holidays 335
and the owner or authorized person presents proof of registration and 336
pays the costs of towing or removal and of storage. The person, firm or 337
corporation towing or removing the vehicle shall accept such payment 338
by cash or credit card and maintain sufficient cash at the office of such 339
person, firm or corporation to provide change to the owner or 340
authorized person at the time of payment. Such person, firm or 341
corporation may charge a service fee for any such payment made by a 342
credit card, provided the service fee shall not exceed any charge of the 343
card issuer paid by such person, firm or corporation, including any 344
discount rate. 345 Substitute Bill No. 6657
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(c) Any vehicle owner, lending institution or agent of the owner or 346
lending institution, shall have the right to inspect the vehicle before 347
accepting its return or removal of a wheel-locking device. No general 348
release of any kind that would release the person, [or] firm or 349
corporation towing, removing or storing the vehicle or rendering the 350
vehicle immovable from liability for damages or from liability for any 351
claim that the vehicle was towed or rendered immovable without 352
justification may be required from any vehicle owner, lending 353
institution or agent of the owner or lending institution, as a condition of 354
release of the vehicle. A receipt showing the name of the person, [or] 355
firm or corporation towing or removing the vehicle or rendering the 356
vehicle immovable and an itemization of the charges shall be provided 357
to the person paying the towing or removal and storage costs or the 358
charge for removal of a wheel-locking device at the time of payment. 359
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
Sec. 3 October 1, 2023 14-145
Sec. 4 October 1, 2023 14-145a
Sec. 5 October 1, 2023 14-145b
Statement of Legislative Commissioners:
In Section 1(a)(2), "charges" was changed to "schedule" for internal
consistency; in Section 1(a)(3), ", firm or corporation" was inserted for
consistency; in Section 3(a)(2), the first sentence was rewritten for
clarity; in Section 4(a), "without first obtaining the written
authorization" was moved for consistency with standard drafting
conventions and "at any time" was inserted and the third sentence was
rewritten for clarity; in Section 4(c), "licensed under section 14-66, as
amended by this act" was deleted for accuracy; in Section 5(a), "of such
lot" was inserted for clarity; and in Section 5(c), "person or firm" was
changed to "person, [or] firm or corporation" for consistency and "paid
by such person, firm or corporation" was added for clarity.
TRA Joint Favorable Subst. Substitute Bill No. 6657
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