25 LC 52 0652
House Bill 184
By: Representatives Lumsden of the 12
th
, Crowe of the 118
th
, Williamson of the 112
th
, Prince
of the 132
nd
, and Hitchens of the 161
st
A BILL TO BE ENTITLED
AN ACT
To amend Titles 40 and 44 of the Official Code of Georgia Annotated, relating to motor
1
vehicles and traffic and property, respectively, so as to establish the "Georgia Consumer2
Protection Towing Act"; to provide for legislative purpose; to provide for definitions; to3
provide for applicability; to provide for consumer protections for emergency towing, owner4
requested towing, and private property towing; to provide for estimates and invoices; to5
provide for notice requirements; to provide for recording; to provide for the release of towed6
motor vehicles; to provide for fees; to provide for towing company certificate requirements;7
to provide for prohibitions; to provide for penalties and enforcement; to provide for rules and8
regulations; to provide for conforming changes; to provide for related matters; to provide for9
an effective date; to repeal conflicting laws; and for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13
amended in Chapter 11, relating to abandoned, derelict, and civil forfeiture of motor vehicles,14
by adding a new article to read as follows:15
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"ARTICLE 316
40-11-30.17
This article shall be known and may be cited as the 'Georgia Consumer Protection Towing18
Act.'19
40-11-31.20
The purpose of this article is to establish minimum standards for towing services and to21
promote fair and honest practices in the towing service business.22
40-11-32.23
As used in this article, the term:24
(1) 'Automobile club services' shall have the same meaning as provided in Code25
Section 33-61-1.26
(2) 'Department' means the Department of Public Safety.27
(3) 'Emergency towing' means the towing of a vehicle due to an accident, mechanical28
breakdown on a public roadway, or other emergency related incident necessitating29
vehicle removal for public safety with or without the owner's consent.30
(4) 'Government agency towing' means the towing of government owned or government31
controlled vehicles by the government agency that owns or controls such vehicles.32
(5) 'Law enforcement towing' means the towing of a vehicle for law enforcement33
purposes other than seizure towing. The term includes towing for law enforcement34
purposes that is performed by a towing company under a contract with or on behalf of the35
state or a local unit or a law enforcement agency of the state or local unit.36
(6) 'Owner' means the registered owner, the owner as recorded on the title, the lessor, the37
lessee, any security interest holders, and all lienholders as shown on the records of the38
Department of Revenue or the records from the vehicle's state of registration. For39
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purposes of this article, a rental vehicle company is the owner of a motor vehicle rented40
pursuant to a rental agreement.41
(7) 'Owner requested towing' means the request to tow a vehicle by or on behalf of the42
vehicle owner or operator.43
(8) 'Private property towing' means the towing of a vehicle without the owner's consent44
from private property on which such vehicle was illegally parked or for which some45
exigent circumstance necessitated its removal to another location.46
(9) 'Seizure towing' means the towing of a vehicle for law enforcement purposes47
involving the maintenance of the chain of custody of evidence or forfeiture of assets.48
(10) 'Storage facility' means any lot, facility, or other property used to store vehicles that49
have been removed from another location by a tow truck. Such term includes a storage50
firm or a storage yard.51
(11) 'Towing company' means any service, company, or business that tows or otherwise52
moves vehicles by means of a tow truck or owns or operates a storage facility for towed53
vehicles. Such term shall include a towing firm. Such term shall not include an54
automobile club, car dealership, or insurance company.55
(12) 'Towing service' means the towing, moving, or unloading of an abandoned,56
disabled, or improperly parked vehicle. Such term shall include a flatbed service or57
rollback service in which a towing company moves vehicles by loading them onto a58
flatbed platform. Such term shall include a recovery service in which a towing company59
moves a vehicle by the use of a wheel lift device, such as a lift, crane, hoist, winch,60
cradle, jack, automobile ambulance, tow dolly, or any other similar device.61
(13) 'Tow truck' means a motor vehicle equipped to provide any form of towing service.62
(14) 'Tow truck operator' means an individual who operates a tow truck as an employee63
or agent of a towing company.64
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(15) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or65
semitrailer propelled or drawn by mechanical power and used on the public streets, roads,66
and highways, as determined by the commissioner of public safety.67
40-11-33.68
(a) Except as provided for in subsection (b) of this Code section, the provisions of this69
article shall be applicable to any entity or person engaging in, or offering to engage in, the70
business of providing towing service in this state, including but not limited to emergency71
towing, owner requested towing, private property towing, towing of illegally parked motor72
vehicles in parking places designated for persons with disabilities, in violation of Code73
Section 40-6-226, and nonconsensual towing services on private property and in74
municipalities, as provided for in Code Section 44-1-13.75
(b) The provisions of this article shall not apply to:76
(1) Motor vehicles towed into or through the state if the tow originates in another77
jurisdiction;78
(2) The towing of motor vehicles by or on behalf of an automobile club, car dealership,79
or insurance company;80
(3) Government agency towing or seizure towing; or81
(4) The towing of abandoned, derelict, or contraband motor vehicles, as provided for in82
Articles 1, 1A, and 2 of this chapter.83
(c) The provisions of this article confer exclusive regulatory jurisdiction to the department84
over the towing services and related storage services of towing companies and storage85
facilities. The department shall establish a complaint procedure for consumers and insurers86
regarding violations of provisions in this article.87
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40-11-34.88
(a) This Code section applies to a towing company that engages in or offers to engage in89
emergency towing. Prior to removing a vehicle from a tow truck under this Code section,90
a towing company shall take photographs, video, or other visual documentation to evidence91
the vehicle damages, debris, damaged cargo or property, and complications to recovery92
process.93
(b) Except as provided in subsection (c) of this Code section, a towing company shall not94
stop or cause a person to stop at the scene of an accident or near a disabled motor vehicle:95
(1) If there is an injury as the result of an accident; or96
(2) For the purpose of:97
(A) Soliciting an engagement for emergency towing services;98
(B) Moving a motor vehicle from a public street, road, or highway; or99
(C) Accruing charges in connection with an activity in subparagraph (A) or (B) of this100
paragraph.101
(c) A towing company may stop or cause a person to stop at the scene of an accident or102
near a disabled motor vehicle under the circumstances, or for any of the purposes,103
described in subsection (b) of this Code section if:104
(1) The towing company is requested to stop or to perform a towing service by a law105
enforcement officer or by authorized state, county, or municipal personnel;106
(2) The towing company is summoned to the scene or requested to stop by the owner or107
operator of a disabled vehicle;108
(3) The owner of a disabled motor vehicle has previously provided consent to the towing109
company to stop or perform a towing service; or110
(4) The towing company has reasonable belief that a motorist is in need of immediate111
aid. The towing company may not offer towing services in this circumstance unless the112
conditions provided for in paragraph (1), (2), or (3) of this subsection are met.113
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(d) Except as provided in subsections (e) and (f) of this Code section, the owner or114
operator of a disabled motor vehicle may:115
(1) Summon to the disabled motor vehicle's location the towing company of the owner's116
or operator's choice, either directly or through an insurance company's or an automobile117
club's emergency service arrangement; and118
(2) Designate the location to which the disabled motor vehicle is to be towed; provided,119
however, that, if the location designated by the owner or operator is not a storage facility120
owned or operated by the towing company, the owner or operator shall make121
arrangements for payment to the towing company at the time the towing company is122
summoned.123
(e) Subsection (d) of this Code section shall not apply:124
(1) In any case in which the owner or operator of a disabled motor vehicle:125
(A) Is incapacitated or otherwise unable to summon a towing company; or126
(B) Defers to law enforcement or to authorized state, county, or municipal personnel127
as to the towing company to be summoned or the location to which the disabled motor128
vehicle is to be towed; or129
(2) In the event of a state of emergency or disaster declared by the Governor;130
(f) The authority of an owner or operator of a disabled vehicle to summon the towing131
company of the owner's or operator's choice under subsection (d) of this Code section shall132
be superseded by a law enforcement officer or by authorized state, county, or municipal133
personnel if the towing company of choice of the owner or operator:134
(1) Is unable to respond to the location of the disabled motor vehicle in a timely fashion;135
and136
(2) The disabled motor vehicle is a hazard, impedes the flow of traffic, or may not137
legally remain in its location in the opinion of the law enforcement officer or authorized138
state, county, or municipal personnel.139
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(g) If a disabled motor vehicle is causing or posing a safety hazard, the disabled motor140
vehicle may be moved by a towing company to a safe location after being released by a law141
enforcement officer or by authorized state, county, or municipal personnel for that purpose.142
(h) If a towing company is summoned for emergency towing by the owner or operator of143
a disabled motor vehicle, the towing company shall make a record, to the extent available,144
consisting of:145
(1) The first and last name and telephone number of the person who summoned the146
towing company to the scene; and147
(2) The make, model, year, vehicle identification number, and license plate number of148
the disabled motor vehicle.149
(i) If a towing company is summoned for emergency towing by a law enforcement officer150
or by authorized state, county, or municipal personnel, the towing company shall make a151
record, to the extent available, consisting of:152
(1) The identity of the law enforcement agency or authorized state, county, or municipal153
agency requesting the emergency towing; and154
(2) The make, model, year, vehicle identification number, and license plate number of155
the disabled motor vehicle.156
(j) A towing company shall retain a record created under subsections (h) and (i) of this157
Code section and shall:158
(1) Provide such record to a law enforcement agency upon request from the time the159
towing company appears at the scene of the disabled motor vehicle until the time the160
motor vehicle is towed and released to an authorized third party; and161
(2) Make such record available for inspection and copying not later than two business162
days after receiving a written request from a law enforcement agency, the Attorney163
General, the disabled motor vehicle's owner, or an authorized agent of the disabled motor164
vehicle's owner for a period of two years from the date the disabled vehicle is towed from165
the scene.166
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(k) A towing company that performs emergency towing under this Code section shall167
properly secure all towed motor vehicles and take all reasonable efforts to prevent further168
damage to such vehicles, including weather damage, or theft of such vehicles, including169
theft of such vehicles' cargo and contents.170
40-11-35.171
(a) This Code section applies to a towing company that engages in or offers to engage in172
private property towing. This Code section does not apply to the towing of a motor vehicle173
from a tow-away zone that is not located on private property. Prior to removing a vehicle174
from a tow truck under this Code section, a towing company shall take photographs, video,175
or other visual documentation to evidence the vehicle damages, debris, damaged cargo or176
property, and complications to recovery process.177
(b) The owner of private property may establish a tow-away zone on the owner's property.178
A property owner that establishes a tow-away zone under this Code section shall post at179
the location of the tow-away zone a sign that is clearly visible to the public. The sign shall180
include a statement that the area is a tow-away zone, pertinent contact information, and a181
description of any persons authorized to park in the area.182
(c) A towing company that tows a motor vehicle under this Code section shall ensure that183
such vehicle is towed to a storage facility that is located within 25 miles of the location of184
the tow-away zone from which such vehicle was removed or, if there is no such storage185
facility, to the storage facility closest to the tow-away zone.186
(d) If the owner or operator of a motor vehicle that is parked in violation of a tow-away187
zone arrives at the location of the tow-away zone while such vehicle is in the process of188
being towed, the towing company shall give the owner or operator either oral or written189
notification that the owner or operator may pay a fee in an amount that is not greater than190
half of the amount of the fee the towing company normally charges for the release of such191
vehicle. Upon the payment of the amount specified, the towing company shall release the192
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motor vehicle to the owner or operator and give the owner or operator a receipt showing193
the full amount of the fee the towing company normally charges for the release of a motor194
vehicle and the amount of the fee paid by the owner or operator.195
(e) Not later than two hours after completing a tow of a motor vehicle from private196
property, a towing company shall provide notice of the towing to the law enforcement197
agency having jurisdiction in the location of the private property.198
(f) A towing company that performs private property towing under this Code section shall199
properly secure all towed motor vehicles and take all reasonable efforts to prevent further200
damage to such vehicles, including weather damage, or theft of such vehicles, including201
theft of such vehicles' cargo and contents.202
(g) This Code section shall not affect any private property owner's rights under Articles203
1 and 1A of this chapter with respect to abandoned or derelict vehicles on such owner's204
private property.205
40-11-36.206
(a) Prior to attaching a motor vehicle to a tow truck, the towing company shall furnish the207
owner, if the owner is present at the scene, a rate sheet listing all rates for towing services,208
including but not limited to all rates for towing and associated fees, cleanup charges, labor,209
storage, and any other services provided by the towing company. A charge in excess of210
what is reflected on the rate sheet for any service shall be deemed excessive as provided211
in Code Section 40-11-39. The rate sheet shall also be posted at the towing company's212
place of business and be made available upon request to consumers.213
(b) An itemized invoice of actual towing charges assessed by a towing company for a214
completed tow shall be made available to the owner of the motor vehicle or the owner's215
authorized agent, which may be an insurance company, not later than one business day216
after the tow is completed or after the towing company has obtained all necessary217
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information to be included on the invoice, including any charges submitted by218
subcontractors used by the towing company to complete the tow, whichever occurs later.219
(c) The itemized invoice required by subsection (b) of this Code section shall contain the220
following information:221
(1) An invoice number;222
(2) The location from which the motor vehicle was towed;223
(3) The location to which the motor vehicle was towed;224
(4) The name, address, and telephone number of the towing company;225
(5) A description of the towed motor vehicle, including the make, model, year, vehicle226
identification number, and color;227
(6) The license plate number and state of registration for the towed motor vehicle;228
(7) The cost of the original towing service;229
(8) The cost of any vehicle storage fees, expressed as a daily rate;230
(9) Any other reasonable fees; and231
(10) The costs for services that were performed under a warranty or that were otherwise232
performed at no cost to the owner of the motor vehicle.233
(d) Any reasonable service or fee in addition to the services or fees provided for in234
subsection (c) of this Code section shall be set forth individually as a single line item on235
the invoice required by this Code section with an explanation and the exact charge for the236
service or the exact amount of the fee.237
(e) A copy of each invoice and receipt submitted by a tow truck operator in accordance238
with this Code section shall be retained by the towing company for a period of two years239
from the date of issuance. Throughout said two-year period, the copy of each invoice and240
receipt shall be made available for inspection and copying not later than two business days241
after receiving a written request for inspection from a law enforcement agency, the242
Attorney General, the prosecuting attorney or city attorney having jurisdiction in the243
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location of any of the towing company's business locations in this state, the owner of the244
disabled motor vehicle, or the agent of such owner.245
40-11-37.246
(a) Within two business days of commencement of towing under this article, the towing247
company or storage facility shall commence a search of the National Motor Vehicle Title248
Information System database to obtain the last state of record of the vehicle and then obtain249
the most current name and address of the person who owns or holds a lien from the state250
agency responsible for maintaining motor vehicle title data or an authorized vendor251
providing real-time access to that state database, by electronic means, if available. No252
storage charges beyond the initial two business days shall accrue until the notice253
requirement has been met. If a state does not have a mechanism to provide such254
information electronically, then the towing company shall make all reasonable efforts to255
obtain the vehicle owner and lienholder information.256
(b) Upon obtaining the name and address of the owner and lienholder of the motor vehicle,257
written notice shall be given directly to such owner and lienholder, and, if known to the258
towing service or storage facility, the insurer of such vehicle, by certified mail with259
delivery confirmation within three business days unless the ownership information could260
not reasonably be obtained within that time. Notice to the owner or insurer shall contain261
the following:262
(1) The date and time the vehicle was towed;263
(2) The location from which the vehicle was towed;264
(3) The name, address, and telephone number where the vehicle will be located;265
(4) The location, address, and telephone number where payment and business266
transactions take place, if different from the business address;267
(5) The name, address, and telephone number of the towing company or storage facility;268
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(6) A description of the towed vehicle, including but not limited to the make, model,269
year, vehicle identification number, and color; and270
(7) The license plate number and state of registration of the towed vehicle.271
(c) If the search result under subsection (a) of this Code section is a corporation owned272
vehicle, then the notice provided in subsection (b) of this Code section shall be sent to the273
corporation's address in this state as listed on the registration. The vehicle shall be held for274
up to 60 days in order for the vehicle owner to retrieve the towed vehicle. The rate charged275
shall be comparable to the standard daily rate. If at any time more than one vehicle owned276
by the same corporation is under the control of the towing company or storage facility,277
each vehicle shall be processed as a separate transaction.278
40-11-38.279
(a) This Code section applies to towing companies that tow and store motor vehicles and280
to storage facilities that store motor vehicles towed by a towing company, regardless of281
whether the towing company and the storage facility are affiliates.282
(b) Upon payment of all costs incurred against a motor vehicle that is towed and stored283
under this article, the towing company or storage facility shall release the motor vehicle to:284
(1) A properly identified person who owns or holds a lien on the motor vehicle; or285
(2) A representative of the responsible insurance company with proof of such status or286
proof that the owner of the motor vehicle approves release of the vehicle to such287
representative.288
(c) An owner, a lienholder, or an insurance company representative has the right to inspect289
a motor vehicle during normal business hours before accepting return of the motor vehicle290
under this Code section.291
(d) A towing service or storage facility shall accept the following forms of payment from292
a person seeking to release a motor vehicle under this Code section: cash, insurance check,293
credit card, debit card, money order, or certified check.294
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(e) Upon receiving payment of all costs incurred against a motor vehicle, a towing service295
or storage facility shall provide to the person making payment an itemized receipt that296
includes the known or available information provided for in Code Section 40-11-36.297
(f) A towing service or storage facility shall be open for business and accessible by298
telephone during normal business hours. A towing service or storage facility shall provide299
a telephone number that is available on a 24 hour basis to receive calls and messages from300
callers, including calls made outside of normal business hours. All calls made to a towing301
service or storage facility shall be returned within 24 hours from the time received.302
However, if adverse weather, an act of God, an emergency situation, or another act over303
which the towing service or storage facility has no control prevents such towing service or304
storage facility from returning calls within 24 hours, the towing service or storage facility305
shall return all calls received as quickly as possible.306
40-11-39.307
(a) A towing company shall not charge a fee for towing, cleanup services, or storage of a308
vehicle that is excessive or unfairly discriminatory.309
(b) All services rendered by a towing company, including any warranty or zero-cost310
services, shall be recorded on an invoice. The towing company or the tow truck operator311
shall retain the records for two years and shall make such records available for inspection312
and copying upon written request from law enforcement.313
(c) A towing company shall furnish a copy of its rate sheet as provided in Code314
Section 40-11-36 to the department.315
40-11-40.316
(a) The department shall approve an application for a towing company certificate or317
certificate renewal and shall issue or renew a certificate, provided that the applicant318
submits to the department a completed application on a form prescribed by the department319
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and also pays the application fee in an amount to be determined by the commissioner of320
public safety or as provided for in Code Sections 32-6-28 and 44-1-13.321
(b) If applicable by state law, any application for a towing company certificate or322
certificate renewal shall include:323
(1) The applicant's workers' compensation coverage;324
(2) The applicant's unemployment compensation coverage; and325
(3) The financial responsibility of an applicant relating to liability insurance or bond326
requirements.327
(c) An applicant shall not have been convicted of fraud or had a civil judgment rendered328
against it in the past five years, and an officer, director, or partner of an applicant that is a329
corporation or partnership shall not have been convicted of fraud during such officer's,330
director's, or partner's tenure.331
40-11-41.332
(a) A towing company shall not:333
(1) Falsely represent, either expressly or by implication, that the towing company334
represents or is approved by any organization which provides emergency road service for335
disabled motor vehicles;336
(2) Require an owner or operator of a disabled vehicle to preauthorize repair work or337
more than 24 hours of storage as a condition to providing towing service for such338
disabled vehicle;339
(3) Charge more than one towing fee when the owner or operator of a disabled vehicle340
requests transportation of such vehicle to a repair facility owned or operated by the341
towing company; or342
(4) Tow a vehicle to a repair facility, unless the owner of such vehicle or the owner's343
authorized agent gives consent and such consent is given before such vehicle is removed344
from the location from which it is to be towed; provided, however, that such prohibition345
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does not apply to a storage facility that has a repair facility on the same site if the vehicle346
is not moved into the repair facility without such consent.347
(b) A towing company or a storage facility shall not:348
(1) Upon payment of all costs incurred against a motor vehicle that is towed and stored349
under this article, refuse to release such vehicle to a properly identified person who owns350
or holds a lien on the motor vehicle or a representative of the responsible insurance351
company; provided, however, that a towing company or storage facility shall not release352
a motor vehicle in any case in which a law enforcement agency has ordered the motor353
vehicle not to be released or in any case in which a judicial order countermands its354
release;355
(2) Refuse to permit a properly identified person who owns or holds a lien on a motor356
vehicle or a representative of the responsible insurance company to inspect the motor357
vehicle before all costs incurred against the motor vehicle are paid or the motor vehicle358
is released; or359
(3) Charge any storage fee for a stored motor vehicle with respect to any day on which360
release of the motor vehicle or inspection of the motor vehicle by the owner, lienholder,361
or insurance company is not permitted during normal business hours by the towing362
company or storage facility.363
40-11-42.364
(a) Any person violating the provisions of this article shall be guilty of a misdemeanor.365
The department is authorized to impose a civil penalty for any violation of this article in366
an amount not to exceed $2,500.00.367
(b) Any person who suffers injury or damages as a result of a violation of the provisions368
of this article may bring an action in any court of competent jurisdiction for actual369
damages, which shall be presumed to be not less than $100.00, together with court costs.370
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A court shall award three times actual damages for any intentional violation of a provision371
of this article.372
(c) The commissioner of public safety shall adopt rules and regulations necessary to373
implement the provisions of this article."374
SECTION 2.375
Said title is further amended by revising paragraph (12) of Code Section 40-1-100, relating376
to definitions relative to certification of motor carriers, as follows:377
"(12) 'Motor carrier' means:378
(A) Every person owning, controlling, operating, or managing any motor vehicle,379
including the lessees, receivers, or trustees of such persons or receivers appointed by380
any court, used in the business of transporting for hire persons, household goods, or381
property or engaged in the activity of nonconsensual towing pursuant to Code382
Section 44-1-13 for hire over any public highway in this state or providing towing383
services as provided for in Article 3 of Chapter 11 of this title.384
(B) Except as otherwise provided in this subparagraph, the term 'motor carrier' shall385
not include:386
(i) Motor vehicles engaged solely in transporting school children and teachers to and387
from public schools and private schools;388
(ii) Taxicabs which operate within the corporate limits of municipalities and are389
subject to regulation by the governing authorities of such municipalities; the390
provisions of this division notwithstanding, vehicles and the drivers thereof operating391
within the corporate limits of any city shall be subject to the safety regulations392
adopted by the commissioner of public safety pursuant to Code Section 40-1-8;393
(iii) Limousine carriers as provided for in Part 3 of this article;394
(iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons395
and employees of such hotel;396
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(v) Motor vehicles operated not for profit with a capacity of 15 persons or less when
397
they are used exclusively to transport elderly and disabled passengers or employees398
under a corporate sponsored vanpool program, except that a vehicle owned by the399
driver may be operated for profit when such driver is traveling to and from his or her400
place of work, provided each such vehicle carrying more than nine passengers401
maintains liability insurance in an amount of not less than $100,000.00 per person402
and $300,000.00 per accident and $50,000.00 property damage. For the purposes of403
this part, elderly and disabled passengers are defined as individuals over the age of 60404
years or who, by reason of illness, injury, age, congenital malfunction, or other405
permanent or temporary incapacity or disability, are unable to utilize mass406
transportation facilities as effectively as persons who are not so affected;407
(vi) Motor vehicles owned and operated exclusively by the United States government408
or by this state or any subdivision thereof;409
(vii) Vehicles, owned or operated by the federal or state government or by any410
agency, instrumentality, or political subdivision of the federal or state government,411
or privately owned and operated for profit or not for profit, capable of transporting not412
more than ten persons for hire when such vehicles are used exclusively to transport413
persons who are elderly, disabled, en route to receive medical care or prescription414
medication, or returning after receiving medical care or prescription medication. For415
the purpose of this part, elderly and disabled persons shall have the same meaning as416
in division (v) of this subparagraph; or417
(viii) Ambulances."418
SECTION 3.419
Said title is further amended by revising Code Section 40-1-130, relating to inclusion of420
motor carrier authorization number in advertising, as follows:421
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"40-1-130.
422
In any advertisement for a motor carrier, whether by print, radio, television, other423
broadcast, or electronic media including but not limited to Internet
internet advertising and424
any listing or sites on any website, the motor carrier shall include the motor carrier425
authorization number issued to it by the Department of Public Safety. The requirements426
of this Code section shall not apply to nonconsensual towing motor carriers providing427
services pursuant to Code Section 44-1-13 or to towing companies providing towing428
services pursuant to Article 3 of Chapter 11 of this title. The department shall be required429
to issue a motor carrier authorization number to each registered motor carrier. Whenever430
the department, after a hearing conducted in accordance with the provisions of Code431
Section 40-1-56, finds that any person is advertising in violation of this Code section, the432
department may impose a fine of not more than $500.00 for an initial violation and not433
more than $15,000.00 for a second or subsequent violation."434
SECTION 4.435
Said title is further amended by revising subsection (g) of Code Section 40-6-226, relating436
to offenses and penalties relative to parking for persons with disabilities, as follows:437
"(g) In addition to the penalties provided for in subsection (f) of this Code section, any438
vehicle which is illegally parked in a parking place for persons with disabilities which is439
marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of440
Code Section 40-6-221 on public or private property may be towed away or caused to be441
towed away by a proper law enforcement agency or the official security agency of said442
property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at443
the expense of the person responsible for payment on the lease or rental agreement,444
provided that the towing company and storage facility comply with the provisions of445
Article 3 of Chapter 11 of this title."446
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SECTION 5.
447
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by448
revising subsections (a.1) and (c) of Code Section 44-1-13, relating to removal of improperly449
parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic450
surveillance prohibited, and penalty, as follows:451
"(a.1) Any person or his or her authorized agent entitled to the possession of any private452
property shall have the right to remove or cause to be removed from the property any453
vehicle or trespassing personal property thereon which is not authorized to be at the place454
where it is found and to store or cause to be stored such vehicle or trespassing personal455
property, provided that there shall have been conspicuously posted on the private property456
notice that any vehicle or trespassing personal property which is not authorized to be at the457
place where it is found may be removed at the expense of the owner of the vehicle or458
trespassing personal property. Such notice shall also include information as to the location459
where the vehicle or personal property can be recovered, the cost of said recovery, and460
information as to the form of payment; provided, however, that the owner of residential461
private property containing not more than four residential units shall not be required to462
comply with the posting requirements of this subsection. Only towing and storage firms463
issued permits or licenses by the local governing authority of the jurisdiction in which they464
operate or by the department, and having a secure impoundment facility, shall be permitted465
to remove trespassing property and trespassing personal property at the request of the466
owner or authorized agent of the private property. Towing companies and storage facilities
467
providing towing services and related storage services from private property shall comply468
with the requirements provided for in Article 3 of Chapter 11 of Title 40."469
"(c) In all municipalities, except a consolidated city-county government, having a470
population of 100,000 or more according to the United States decennial census of 1970 or471
any future such census a person entitled to the possession of an off-street parking area or472
vacant lot within an area zoned commercial by the municipality shall have the right to473
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remove any vehicle or trespassing personal property parked thereon after the regular
474
activity on such property is concluded for the day only if access to such property from the475
public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above476
grade across all driveways or other ways providing access to the off-street parking area or477
vacant lot and there is conspicuously posted in the area a notice, the location of which must478
be approved by the municipality's police department, that any vehicle or trespassing479
personal property parked thereon which is not authorized to be in such area may be480
removed at the expense of the owner along with information as to where the vehicle or481
trespassing personal property may be recovered, the cost of said recovery, and information482
regarding the form of payment. Towing companies and storage facilities providing towing
483
services and related storage services for a municipality shall comply with the requirements484
provided for in Article 3 of Chapter 11 of Title 40."485
SECTION 6.486
This Act shall become effective upon its approval by the Governor or upon its becoming law487
without such approval.488
SECTION 7.489
All laws and parts of laws in conflict with this Act are repealed.490
H. B. 184
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