GA
Georgia House Bill HB184

Georgia 2025-2026 Regular Session

Georgia House Bill HB184 Compare Versions

Only one version of the bill is available at this time.
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11 25 LC 52 0652
22 House Bill 184
33 By: Representatives Lumsden of the 12
44 th
55 , Crowe of the 118
66 th
77 , Williamson of the 112
88 th
99 , Prince
1010 of the 132
1111 nd
1212 , and Hitchens of the 161
1313 st
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Titles 40 and 44 of the Official Code of Georgia Annotated, relating to motor
1818 1
1919 vehicles and traffic and property, respectively, so as to establish the "Georgia Consumer2
2020 Protection Towing Act"; to provide for legislative purpose; to provide for definitions; to3
2121 provide for applicability; to provide for consumer protections for emergency towing, owner4
2222 requested towing, and private property towing; to provide for estimates and invoices; to5
2323 provide for notice requirements; to provide for recording; to provide for the release of towed6
2424 motor vehicles; to provide for fees; to provide for towing company certificate requirements;7
2525 to provide for prohibitions; to provide for penalties and enforcement; to provide for rules and8
2626 regulations; to provide for conforming changes; to provide for related matters; to provide for9
2727 an effective date; to repeal conflicting laws; and for other purposes.10
2828 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
2929 SECTION 1.12
3030 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13
3131 amended in Chapter 11, relating to abandoned, derelict, and civil forfeiture of motor vehicles,14
3232 by adding a new article to read as follows:15
3333 H. B. 184
3434 - 1 - 25 LC 52 0652
3535 "ARTICLE 316
3636 40-11-30.17
3737 This article shall be known and may be cited as the 'Georgia Consumer Protection Towing18
3838 Act.'19
3939 40-11-31.20
4040 The purpose of this article is to establish minimum standards for towing services and to21
4141 promote fair and honest practices in the towing service business.22
4242 40-11-32.23
4343 As used in this article, the term:24
4444 (1) 'Automobile club services' shall have the same meaning as provided in Code25
4545 Section 33-61-1.26
4646 (2) 'Department' means the Department of Public Safety.27
4747 (3) 'Emergency towing' means the towing of a vehicle due to an accident, mechanical28
4848 breakdown on a public roadway, or other emergency related incident necessitating29
4949 vehicle removal for public safety with or without the owner's consent.30
5050 (4) 'Government agency towing' means the towing of government owned or government31
5151 controlled vehicles by the government agency that owns or controls such vehicles.32
5252 (5) 'Law enforcement towing' means the towing of a vehicle for law enforcement33
5353 purposes other than seizure towing. The term includes towing for law enforcement34
5454 purposes that is performed by a towing company under a contract with or on behalf of the35
5555 state or a local unit or a law enforcement agency of the state or local unit.36
5656 (6) 'Owner' means the registered owner, the owner as recorded on the title, the lessor, the37
5757 lessee, any security interest holders, and all lienholders as shown on the records of the38
5858 Department of Revenue or the records from the vehicle's state of registration. For39
5959 H. B. 184
6060 - 2 - 25 LC 52 0652
6161 purposes of this article, a rental vehicle company is the owner of a motor vehicle rented40
6262 pursuant to a rental agreement.41
6363 (7) 'Owner requested towing' means the request to tow a vehicle by or on behalf of the42
6464 vehicle owner or operator.43
6565 (8) 'Private property towing' means the towing of a vehicle without the owner's consent44
6666 from private property on which such vehicle was illegally parked or for which some45
6767 exigent circumstance necessitated its removal to another location.46
6868 (9) 'Seizure towing' means the towing of a vehicle for law enforcement purposes47
6969 involving the maintenance of the chain of custody of evidence or forfeiture of assets.48
7070 (10) 'Storage facility' means any lot, facility, or other property used to store vehicles that49
7171 have been removed from another location by a tow truck. Such term includes a storage50
7272 firm or a storage yard.51
7373 (11) 'Towing company' means any service, company, or business that tows or otherwise52
7474 moves vehicles by means of a tow truck or owns or operates a storage facility for towed53
7575 vehicles. Such term shall include a towing firm. Such term shall not include an54
7676 automobile club, car dealership, or insurance company.55
7777 (12) 'Towing service' means the towing, moving, or unloading of an abandoned,56
7878 disabled, or improperly parked vehicle. Such term shall include a flatbed service or57
7979 rollback service in which a towing company moves vehicles by loading them onto a58
8080 flatbed platform. Such term shall include a recovery service in which a towing company59
8181 moves a vehicle by the use of a wheel lift device, such as a lift, crane, hoist, winch,60
8282 cradle, jack, automobile ambulance, tow dolly, or any other similar device.61
8383 (13) 'Tow truck' means a motor vehicle equipped to provide any form of towing service.62
8484 (14) 'Tow truck operator' means an individual who operates a tow truck as an employee63
8585 or agent of a towing company.64
8686 H. B. 184
8787 - 3 - 25 LC 52 0652
8888 (15) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or65
8989 semitrailer propelled or drawn by mechanical power and used on the public streets, roads,66
9090 and highways, as determined by the commissioner of public safety.67
9191 40-11-33.68
9292 (a) Except as provided for in subsection (b) of this Code section, the provisions of this69
9393 article shall be applicable to any entity or person engaging in, or offering to engage in, the70
9494 business of providing towing service in this state, including but not limited to emergency71
9595 towing, owner requested towing, private property towing, towing of illegally parked motor72
9696 vehicles in parking places designated for persons with disabilities, in violation of Code73
9797 Section 40-6-226, and nonconsensual towing services on private property and in74
9898 municipalities, as provided for in Code Section 44-1-13.75
9999 (b) The provisions of this article shall not apply to:76
100100 (1) Motor vehicles towed into or through the state if the tow originates in another77
101101 jurisdiction;78
102102 (2) The towing of motor vehicles by or on behalf of an automobile club, car dealership,79
103103 or insurance company;80
104104 (3) Government agency towing or seizure towing; or81
105105 (4) The towing of abandoned, derelict, or contraband motor vehicles, as provided for in82
106106 Articles 1, 1A, and 2 of this chapter.83
107107 (c) The provisions of this article confer exclusive regulatory jurisdiction to the department84
108108 over the towing services and related storage services of towing companies and storage85
109109 facilities. The department shall establish a complaint procedure for consumers and insurers86
110110 regarding violations of provisions in this article.87
111111 H. B. 184
112112 - 4 - 25 LC 52 0652
113113 40-11-34.88
114114 (a) This Code section applies to a towing company that engages in or offers to engage in89
115115 emergency towing. Prior to removing a vehicle from a tow truck under this Code section,90
116116 a towing company shall take photographs, video, or other visual documentation to evidence91
117117 the vehicle damages, debris, damaged cargo or property, and complications to recovery92
118118 process.93
119119 (b) Except as provided in subsection (c) of this Code section, a towing company shall not94
120120 stop or cause a person to stop at the scene of an accident or near a disabled motor vehicle:95
121121 (1) If there is an injury as the result of an accident; or96
122122 (2) For the purpose of:97
123123 (A) Soliciting an engagement for emergency towing services;98
124124 (B) Moving a motor vehicle from a public street, road, or highway; or99
125125 (C) Accruing charges in connection with an activity in subparagraph (A) or (B) of this100
126126 paragraph.101
127127 (c) A towing company may stop or cause a person to stop at the scene of an accident or102
128128 near a disabled motor vehicle under the circumstances, or for any of the purposes,103
129129 described in subsection (b) of this Code section if:104
130130 (1) The towing company is requested to stop or to perform a towing service by a law105
131131 enforcement officer or by authorized state, county, or municipal personnel;106
132132 (2) The towing company is summoned to the scene or requested to stop by the owner or107
133133 operator of a disabled vehicle;108
134134 (3) The owner of a disabled motor vehicle has previously provided consent to the towing109
135135 company to stop or perform a towing service; or110
136136 (4) The towing company has reasonable belief that a motorist is in need of immediate111
137137 aid. The towing company may not offer towing services in this circumstance unless the112
138138 conditions provided for in paragraph (1), (2), or (3) of this subsection are met.113
139139 H. B. 184
140140 - 5 - 25 LC 52 0652
141141 (d) Except as provided in subsections (e) and (f) of this Code section, the owner or114
142142 operator of a disabled motor vehicle may:115
143143 (1) Summon to the disabled motor vehicle's location the towing company of the owner's116
144144 or operator's choice, either directly or through an insurance company's or an automobile117
145145 club's emergency service arrangement; and118
146146 (2) Designate the location to which the disabled motor vehicle is to be towed; provided,119
147147 however, that, if the location designated by the owner or operator is not a storage facility120
148148 owned or operated by the towing company, the owner or operator shall make121
149149 arrangements for payment to the towing company at the time the towing company is122
150150 summoned.123
151151 (e) Subsection (d) of this Code section shall not apply:124
152152 (1) In any case in which the owner or operator of a disabled motor vehicle:125
153153 (A) Is incapacitated or otherwise unable to summon a towing company; or126
154154 (B) Defers to law enforcement or to authorized state, county, or municipal personnel127
155155 as to the towing company to be summoned or the location to which the disabled motor128
156156 vehicle is to be towed; or129
157157 (2) In the event of a state of emergency or disaster declared by the Governor;130
158158 (f) The authority of an owner or operator of a disabled vehicle to summon the towing131
159159 company of the owner's or operator's choice under subsection (d) of this Code section shall132
160160 be superseded by a law enforcement officer or by authorized state, county, or municipal133
161161 personnel if the towing company of choice of the owner or operator:134
162162 (1) Is unable to respond to the location of the disabled motor vehicle in a timely fashion;135
163163 and136
164164 (2) The disabled motor vehicle is a hazard, impedes the flow of traffic, or may not137
165165 legally remain in its location in the opinion of the law enforcement officer or authorized138
166166 state, county, or municipal personnel.139
167167 H. B. 184
168168 - 6 - 25 LC 52 0652
169169 (g) If a disabled motor vehicle is causing or posing a safety hazard, the disabled motor140
170170 vehicle may be moved by a towing company to a safe location after being released by a law141
171171 enforcement officer or by authorized state, county, or municipal personnel for that purpose.142
172172 (h) If a towing company is summoned for emergency towing by the owner or operator of143
173173 a disabled motor vehicle, the towing company shall make a record, to the extent available,144
174174 consisting of:145
175175 (1) The first and last name and telephone number of the person who summoned the146
176176 towing company to the scene; and147
177177 (2) The make, model, year, vehicle identification number, and license plate number of148
178178 the disabled motor vehicle.149
179179 (i) If a towing company is summoned for emergency towing by a law enforcement officer150
180180 or by authorized state, county, or municipal personnel, the towing company shall make a151
181181 record, to the extent available, consisting of:152
182182 (1) The identity of the law enforcement agency or authorized state, county, or municipal153
183183 agency requesting the emergency towing; and154
184184 (2) The make, model, year, vehicle identification number, and license plate number of155
185185 the disabled motor vehicle.156
186186 (j) A towing company shall retain a record created under subsections (h) and (i) of this157
187187 Code section and shall:158
188188 (1) Provide such record to a law enforcement agency upon request from the time the159
189189 towing company appears at the scene of the disabled motor vehicle until the time the160
190190 motor vehicle is towed and released to an authorized third party; and161
191191 (2) Make such record available for inspection and copying not later than two business162
192192 days after receiving a written request from a law enforcement agency, the Attorney163
193193 General, the disabled motor vehicle's owner, or an authorized agent of the disabled motor164
194194 vehicle's owner for a period of two years from the date the disabled vehicle is towed from165
195195 the scene.166
196196 H. B. 184
197197 - 7 - 25 LC 52 0652
198198 (k) A towing company that performs emergency towing under this Code section shall167
199199 properly secure all towed motor vehicles and take all reasonable efforts to prevent further168
200200 damage to such vehicles, including weather damage, or theft of such vehicles, including169
201201 theft of such vehicles' cargo and contents.170
202202 40-11-35.171
203203 (a) This Code section applies to a towing company that engages in or offers to engage in172
204204 private property towing. This Code section does not apply to the towing of a motor vehicle173
205205 from a tow-away zone that is not located on private property. Prior to removing a vehicle174
206206 from a tow truck under this Code section, a towing company shall take photographs, video,175
207207 or other visual documentation to evidence the vehicle damages, debris, damaged cargo or176
208208 property, and complications to recovery process.177
209209 (b) The owner of private property may establish a tow-away zone on the owner's property.178
210210 A property owner that establishes a tow-away zone under this Code section shall post at179
211211 the location of the tow-away zone a sign that is clearly visible to the public. The sign shall180
212212 include a statement that the area is a tow-away zone, pertinent contact information, and a181
213213 description of any persons authorized to park in the area.182
214214 (c) A towing company that tows a motor vehicle under this Code section shall ensure that183
215215 such vehicle is towed to a storage facility that is located within 25 miles of the location of184
216216 the tow-away zone from which such vehicle was removed or, if there is no such storage185
217217 facility, to the storage facility closest to the tow-away zone.186
218218 (d) If the owner or operator of a motor vehicle that is parked in violation of a tow-away187
219219 zone arrives at the location of the tow-away zone while such vehicle is in the process of188
220220 being towed, the towing company shall give the owner or operator either oral or written189
221221 notification that the owner or operator may pay a fee in an amount that is not greater than190
222222 half of the amount of the fee the towing company normally charges for the release of such191
223223 vehicle. Upon the payment of the amount specified, the towing company shall release the192
224224 H. B. 184
225225 - 8 - 25 LC 52 0652
226226 motor vehicle to the owner or operator and give the owner or operator a receipt showing193
227227 the full amount of the fee the towing company normally charges for the release of a motor194
228228 vehicle and the amount of the fee paid by the owner or operator.195
229229 (e) Not later than two hours after completing a tow of a motor vehicle from private196
230230 property, a towing company shall provide notice of the towing to the law enforcement197
231231 agency having jurisdiction in the location of the private property.198
232232 (f) A towing company that performs private property towing under this Code section shall199
233233 properly secure all towed motor vehicles and take all reasonable efforts to prevent further200
234234 damage to such vehicles, including weather damage, or theft of such vehicles, including201
235235 theft of such vehicles' cargo and contents.202
236236 (g) This Code section shall not affect any private property owner's rights under Articles203
237237 1 and 1A of this chapter with respect to abandoned or derelict vehicles on such owner's204
238238 private property.205
239239 40-11-36.206
240240 (a) Prior to attaching a motor vehicle to a tow truck, the towing company shall furnish the207
241241 owner, if the owner is present at the scene, a rate sheet listing all rates for towing services,208
242242 including but not limited to all rates for towing and associated fees, cleanup charges, labor,209
243243 storage, and any other services provided by the towing company. A charge in excess of210
244244 what is reflected on the rate sheet for any service shall be deemed excessive as provided211
245245 in Code Section 40-11-39. The rate sheet shall also be posted at the towing company's212
246246 place of business and be made available upon request to consumers.213
247247 (b) An itemized invoice of actual towing charges assessed by a towing company for a214
248248 completed tow shall be made available to the owner of the motor vehicle or the owner's215
249249 authorized agent, which may be an insurance company, not later than one business day216
250250 after the tow is completed or after the towing company has obtained all necessary217
251251 H. B. 184
252252 - 9 - 25 LC 52 0652
253253 information to be included on the invoice, including any charges submitted by218
254254 subcontractors used by the towing company to complete the tow, whichever occurs later.219
255255 (c) The itemized invoice required by subsection (b) of this Code section shall contain the220
256256 following information:221
257257 (1) An invoice number;222
258258 (2) The location from which the motor vehicle was towed;223
259259 (3) The location to which the motor vehicle was towed;224
260260 (4) The name, address, and telephone number of the towing company;225
261261 (5) A description of the towed motor vehicle, including the make, model, year, vehicle226
262262 identification number, and color;227
263263 (6) The license plate number and state of registration for the towed motor vehicle;228
264264 (7) The cost of the original towing service;229
265265 (8) The cost of any vehicle storage fees, expressed as a daily rate;230
266266 (9) Any other reasonable fees; and231
267267 (10) The costs for services that were performed under a warranty or that were otherwise232
268268 performed at no cost to the owner of the motor vehicle.233
269269 (d) Any reasonable service or fee in addition to the services or fees provided for in234
270270 subsection (c) of this Code section shall be set forth individually as a single line item on235
271271 the invoice required by this Code section with an explanation and the exact charge for the236
272272 service or the exact amount of the fee.237
273273 (e) A copy of each invoice and receipt submitted by a tow truck operator in accordance238
274274 with this Code section shall be retained by the towing company for a period of two years239
275275 from the date of issuance. Throughout said two-year period, the copy of each invoice and240
276276 receipt shall be made available for inspection and copying not later than two business days241
277277 after receiving a written request for inspection from a law enforcement agency, the242
278278 Attorney General, the prosecuting attorney or city attorney having jurisdiction in the243
279279 H. B. 184
280280 - 10 - 25 LC 52 0652
281281 location of any of the towing company's business locations in this state, the owner of the244
282282 disabled motor vehicle, or the agent of such owner.245
283283 40-11-37.246
284284 (a) Within two business days of commencement of towing under this article, the towing247
285285 company or storage facility shall commence a search of the National Motor Vehicle Title248
286286 Information System database to obtain the last state of record of the vehicle and then obtain249
287287 the most current name and address of the person who owns or holds a lien from the state250
288288 agency responsible for maintaining motor vehicle title data or an authorized vendor251
289289 providing real-time access to that state database, by electronic means, if available. No252
290290 storage charges beyond the initial two business days shall accrue until the notice253
291291 requirement has been met. If a state does not have a mechanism to provide such254
292292 information electronically, then the towing company shall make all reasonable efforts to255
293293 obtain the vehicle owner and lienholder information.256
294294 (b) Upon obtaining the name and address of the owner and lienholder of the motor vehicle,257
295295 written notice shall be given directly to such owner and lienholder, and, if known to the258
296296 towing service or storage facility, the insurer of such vehicle, by certified mail with259
297297 delivery confirmation within three business days unless the ownership information could260
298298 not reasonably be obtained within that time. Notice to the owner or insurer shall contain261
299299 the following:262
300300 (1) The date and time the vehicle was towed;263
301301 (2) The location from which the vehicle was towed;264
302302 (3) The name, address, and telephone number where the vehicle will be located;265
303303 (4) The location, address, and telephone number where payment and business266
304304 transactions take place, if different from the business address;267
305305 (5) The name, address, and telephone number of the towing company or storage facility;268
306306 H. B. 184
307307 - 11 - 25 LC 52 0652
308308 (6) A description of the towed vehicle, including but not limited to the make, model,269
309309 year, vehicle identification number, and color; and270
310310 (7) The license plate number and state of registration of the towed vehicle.271
311311 (c) If the search result under subsection (a) of this Code section is a corporation owned272
312312 vehicle, then the notice provided in subsection (b) of this Code section shall be sent to the273
313313 corporation's address in this state as listed on the registration. The vehicle shall be held for274
314314 up to 60 days in order for the vehicle owner to retrieve the towed vehicle. The rate charged275
315315 shall be comparable to the standard daily rate. If at any time more than one vehicle owned276
316316 by the same corporation is under the control of the towing company or storage facility,277
317317 each vehicle shall be processed as a separate transaction.278
318318 40-11-38.279
319319 (a) This Code section applies to towing companies that tow and store motor vehicles and280
320320 to storage facilities that store motor vehicles towed by a towing company, regardless of281
321321 whether the towing company and the storage facility are affiliates.282
322322 (b) Upon payment of all costs incurred against a motor vehicle that is towed and stored283
323323 under this article, the towing company or storage facility shall release the motor vehicle to:284
324324 (1) A properly identified person who owns or holds a lien on the motor vehicle; or285
325325 (2) A representative of the responsible insurance company with proof of such status or286
326326 proof that the owner of the motor vehicle approves release of the vehicle to such287
327327 representative.288
328328 (c) An owner, a lienholder, or an insurance company representative has the right to inspect289
329329 a motor vehicle during normal business hours before accepting return of the motor vehicle290
330330 under this Code section.291
331331 (d) A towing service or storage facility shall accept the following forms of payment from292
332332 a person seeking to release a motor vehicle under this Code section: cash, insurance check,293
333333 credit card, debit card, money order, or certified check.294
334334 H. B. 184
335335 - 12 - 25 LC 52 0652
336336 (e) Upon receiving payment of all costs incurred against a motor vehicle, a towing service295
337337 or storage facility shall provide to the person making payment an itemized receipt that296
338338 includes the known or available information provided for in Code Section 40-11-36.297
339339 (f) A towing service or storage facility shall be open for business and accessible by298
340340 telephone during normal business hours. A towing service or storage facility shall provide299
341341 a telephone number that is available on a 24 hour basis to receive calls and messages from300
342342 callers, including calls made outside of normal business hours. All calls made to a towing301
343343 service or storage facility shall be returned within 24 hours from the time received.302
344344 However, if adverse weather, an act of God, an emergency situation, or another act over303
345345 which the towing service or storage facility has no control prevents such towing service or304
346346 storage facility from returning calls within 24 hours, the towing service or storage facility305
347347 shall return all calls received as quickly as possible.306
348348 40-11-39.307
349349 (a) A towing company shall not charge a fee for towing, cleanup services, or storage of a308
350350 vehicle that is excessive or unfairly discriminatory.309
351351 (b) All services rendered by a towing company, including any warranty or zero-cost310
352352 services, shall be recorded on an invoice. The towing company or the tow truck operator311
353353 shall retain the records for two years and shall make such records available for inspection312
354354 and copying upon written request from law enforcement.313
355355 (c) A towing company shall furnish a copy of its rate sheet as provided in Code314
356356 Section 40-11-36 to the department.315
357357 40-11-40.316
358358 (a) The department shall approve an application for a towing company certificate or317
359359 certificate renewal and shall issue or renew a certificate, provided that the applicant318
360360 submits to the department a completed application on a form prescribed by the department319
361361 H. B. 184
362362 - 13 - 25 LC 52 0652
363363 and also pays the application fee in an amount to be determined by the commissioner of320
364364 public safety or as provided for in Code Sections 32-6-28 and 44-1-13.321
365365 (b) If applicable by state law, any application for a towing company certificate or322
366366 certificate renewal shall include:323
367367 (1) The applicant's workers' compensation coverage;324
368368 (2) The applicant's unemployment compensation coverage; and325
369369 (3) The financial responsibility of an applicant relating to liability insurance or bond326
370370 requirements.327
371371 (c) An applicant shall not have been convicted of fraud or had a civil judgment rendered328
372372 against it in the past five years, and an officer, director, or partner of an applicant that is a329
373373 corporation or partnership shall not have been convicted of fraud during such officer's,330
374374 director's, or partner's tenure.331
375375 40-11-41.332
376376 (a) A towing company shall not:333
377377 (1) Falsely represent, either expressly or by implication, that the towing company334
378378 represents or is approved by any organization which provides emergency road service for335
379379 disabled motor vehicles;336
380380 (2) Require an owner or operator of a disabled vehicle to preauthorize repair work or337
381381 more than 24 hours of storage as a condition to providing towing service for such338
382382 disabled vehicle;339
383383 (3) Charge more than one towing fee when the owner or operator of a disabled vehicle340
384384 requests transportation of such vehicle to a repair facility owned or operated by the341
385385 towing company; or342
386386 (4) Tow a vehicle to a repair facility, unless the owner of such vehicle or the owner's343
387387 authorized agent gives consent and such consent is given before such vehicle is removed344
388388 from the location from which it is to be towed; provided, however, that such prohibition345
389389 H. B. 184
390390 - 14 - 25 LC 52 0652
391391 does not apply to a storage facility that has a repair facility on the same site if the vehicle346
392392 is not moved into the repair facility without such consent.347
393393 (b) A towing company or a storage facility shall not:348
394394 (1) Upon payment of all costs incurred against a motor vehicle that is towed and stored349
395395 under this article, refuse to release such vehicle to a properly identified person who owns350
396396 or holds a lien on the motor vehicle or a representative of the responsible insurance351
397397 company; provided, however, that a towing company or storage facility shall not release352
398398 a motor vehicle in any case in which a law enforcement agency has ordered the motor353
399399 vehicle not to be released or in any case in which a judicial order countermands its354
400400 release;355
401401 (2) Refuse to permit a properly identified person who owns or holds a lien on a motor356
402402 vehicle or a representative of the responsible insurance company to inspect the motor357
403403 vehicle before all costs incurred against the motor vehicle are paid or the motor vehicle358
404404 is released; or359
405405 (3) Charge any storage fee for a stored motor vehicle with respect to any day on which360
406406 release of the motor vehicle or inspection of the motor vehicle by the owner, lienholder,361
407407 or insurance company is not permitted during normal business hours by the towing362
408408 company or storage facility.363
409409 40-11-42.364
410410 (a) Any person violating the provisions of this article shall be guilty of a misdemeanor.365
411411 The department is authorized to impose a civil penalty for any violation of this article in366
412412 an amount not to exceed $2,500.00.367
413413 (b) Any person who suffers injury or damages as a result of a violation of the provisions368
414414 of this article may bring an action in any court of competent jurisdiction for actual369
415415 damages, which shall be presumed to be not less than $100.00, together with court costs.370
416416 H. B. 184
417417 - 15 - 25 LC 52 0652
418418 A court shall award three times actual damages for any intentional violation of a provision371
419419 of this article.372
420420 (c) The commissioner of public safety shall adopt rules and regulations necessary to373
421421 implement the provisions of this article."374
422422 SECTION 2.375
423423 Said title is further amended by revising paragraph (12) of Code Section 40-1-100, relating376
424424 to definitions relative to certification of motor carriers, as follows:377
425425 "(12) 'Motor carrier' means:378
426426 (A) Every person owning, controlling, operating, or managing any motor vehicle,379
427427 including the lessees, receivers, or trustees of such persons or receivers appointed by380
428428 any court, used in the business of transporting for hire persons, household goods, or381
429429 property or engaged in the activity of nonconsensual towing pursuant to Code382
430430 Section 44-1-13 for hire over any public highway in this state or providing towing383
431431 services as provided for in Article 3 of Chapter 11 of this title.384
432432 (B) Except as otherwise provided in this subparagraph, the term 'motor carrier' shall385
433433 not include:386
434434 (i) Motor vehicles engaged solely in transporting school children and teachers to and387
435435 from public schools and private schools;388
436436 (ii) Taxicabs which operate within the corporate limits of municipalities and are389
437437 subject to regulation by the governing authorities of such municipalities; the390
438438 provisions of this division notwithstanding, vehicles and the drivers thereof operating391
439439 within the corporate limits of any city shall be subject to the safety regulations392
440440 adopted by the commissioner of public safety pursuant to Code Section 40-1-8;393
441441 (iii) Limousine carriers as provided for in Part 3 of this article;394
442442 (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons395
443443 and employees of such hotel;396
444444 H. B. 184
445445 - 16 - 25 LC 52 0652
446446 (v) Motor vehicles operated not for profit with a capacity of 15 persons or less when
447447 397
448448 they are used exclusively to transport elderly and disabled passengers or employees398
449449 under a corporate sponsored vanpool program, except that a vehicle owned by the399
450450 driver may be operated for profit when such driver is traveling to and from his or her400
451451 place of work, provided each such vehicle carrying more than nine passengers401
452452 maintains liability insurance in an amount of not less than $100,000.00 per person402
453453 and $300,000.00 per accident and $50,000.00 property damage. For the purposes of403
454454 this part, elderly and disabled passengers are defined as individuals over the age of 60404
455455 years or who, by reason of illness, injury, age, congenital malfunction, or other405
456456 permanent or temporary incapacity or disability, are unable to utilize mass406
457457 transportation facilities as effectively as persons who are not so affected;407
458458 (vi) Motor vehicles owned and operated exclusively by the United States government408
459459 or by this state or any subdivision thereof;409
460460 (vii) Vehicles, owned or operated by the federal or state government or by any410
461461 agency, instrumentality, or political subdivision of the federal or state government,411
462462 or privately owned and operated for profit or not for profit, capable of transporting not412
463463 more than ten persons for hire when such vehicles are used exclusively to transport413
464464 persons who are elderly, disabled, en route to receive medical care or prescription414
465465 medication, or returning after receiving medical care or prescription medication. For415
466466 the purpose of this part, elderly and disabled persons shall have the same meaning as416
467467 in division (v) of this subparagraph; or417
468468 (viii) Ambulances."418
469469 SECTION 3.419
470470 Said title is further amended by revising Code Section 40-1-130, relating to inclusion of420
471471 motor carrier authorization number in advertising, as follows:421
472472 H. B. 184
473473 - 17 - 25 LC 52 0652
474474 "40-1-130.
475475 422
476476 In any advertisement for a motor carrier, whether by print, radio, television, other423
477477 broadcast, or electronic media including but not limited to Internet
478478 internet advertising and424
479479 any listing or sites on any website, the motor carrier shall include the motor carrier425
480480 authorization number issued to it by the Department of Public Safety. The requirements426
481481 of this Code section shall not apply to nonconsensual towing motor carriers providing427
482482 services pursuant to Code Section 44-1-13 or to towing companies providing towing428
483483 services pursuant to Article 3 of Chapter 11 of this title. The department shall be required429
484484 to issue a motor carrier authorization number to each registered motor carrier. Whenever430
485485 the department, after a hearing conducted in accordance with the provisions of Code431
486486 Section 40-1-56, finds that any person is advertising in violation of this Code section, the432
487487 department may impose a fine of not more than $500.00 for an initial violation and not433
488488 more than $15,000.00 for a second or subsequent violation."434
489489 SECTION 4.435
490490 Said title is further amended by revising subsection (g) of Code Section 40-6-226, relating436
491491 to offenses and penalties relative to parking for persons with disabilities, as follows:437
492492 "(g) In addition to the penalties provided for in subsection (f) of this Code section, any438
493493 vehicle which is illegally parked in a parking place for persons with disabilities which is439
494494 marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of440
495495 Code Section 40-6-221 on public or private property may be towed away or caused to be441
496496 towed away by a proper law enforcement agency or the official security agency of said442
497497 property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at443
498498 the expense of the person responsible for payment on the lease or rental agreement,444
499499 provided that the towing company and storage facility comply with the provisions of445
500500 Article 3 of Chapter 11 of this title."446
501501 H. B. 184
502502 - 18 - 25 LC 52 0652
503503 SECTION 5.
504504 447
505505 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by448
506506 revising subsections (a.1) and (c) of Code Section 44-1-13, relating to removal of improperly449
507507 parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic450
508508 surveillance prohibited, and penalty, as follows:451
509509 "(a.1) Any person or his or her authorized agent entitled to the possession of any private452
510510 property shall have the right to remove or cause to be removed from the property any453
511511 vehicle or trespassing personal property thereon which is not authorized to be at the place454
512512 where it is found and to store or cause to be stored such vehicle or trespassing personal455
513513 property, provided that there shall have been conspicuously posted on the private property456
514514 notice that any vehicle or trespassing personal property which is not authorized to be at the457
515515 place where it is found may be removed at the expense of the owner of the vehicle or458
516516 trespassing personal property. Such notice shall also include information as to the location459
517517 where the vehicle or personal property can be recovered, the cost of said recovery, and460
518518 information as to the form of payment; provided, however, that the owner of residential461
519519 private property containing not more than four residential units shall not be required to462
520520 comply with the posting requirements of this subsection. Only towing and storage firms463
521521 issued permits or licenses by the local governing authority of the jurisdiction in which they464
522522 operate or by the department, and having a secure impoundment facility, shall be permitted465
523523 to remove trespassing property and trespassing personal property at the request of the466
524524 owner or authorized agent of the private property. Towing companies and storage facilities
525525 467
526526 providing towing services and related storage services from private property shall comply468
527527 with the requirements provided for in Article 3 of Chapter 11 of Title 40."469
528528 "(c) In all municipalities, except a consolidated city-county government, having a470
529529 population of 100,000 or more according to the United States decennial census of 1970 or471
530530 any future such census a person entitled to the possession of an off-street parking area or472
531531 vacant lot within an area zoned commercial by the municipality shall have the right to473
532532 H. B. 184
533533 - 19 - 25 LC 52 0652
534534 remove any vehicle or trespassing personal property parked thereon after the regular
535535 474
536536 activity on such property is concluded for the day only if access to such property from the475
537537 public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above476
538538 grade across all driveways or other ways providing access to the off-street parking area or477
539539 vacant lot and there is conspicuously posted in the area a notice, the location of which must478
540540 be approved by the municipality's police department, that any vehicle or trespassing479
541541 personal property parked thereon which is not authorized to be in such area may be480
542542 removed at the expense of the owner along with information as to where the vehicle or481
543543 trespassing personal property may be recovered, the cost of said recovery, and information482
544544 regarding the form of payment. Towing companies and storage facilities providing towing
545545 483
546546 services and related storage services for a municipality shall comply with the requirements484
547547 provided for in Article 3 of Chapter 11 of Title 40."485
548548 SECTION 6.486
549549 This Act shall become effective upon its approval by the Governor or upon its becoming law487
550550 without such approval.488
551551 SECTION 7.489
552552 All laws and parts of laws in conflict with this Act are repealed.490
553553 H. B. 184
554554 - 20 -