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Regular Session, 2012
HOUSE BILL NO. 839
BY REPRESENTATIVE HENRY
MTR VEHICLE/TOWING: Provides with respect to the towing of motor vehicles
AN ACT1
To amend and reenact R.S. 32:1713(3) and (5), 1717(A)(1), 1717.1(A),2
1718(A)(introductory paragraph), (1), (2), and (3), 1719(A), 1720(A), 1728(A) and3
(D)(4), 1728.2(D)(4) and (G)(2), 1729, 1734(E), and 1736(A)(2) and (C), to enact4
R.S. 32:1713(7) and (8), 1717(A)(4), and 1728(D)(7), and to repeal R.S. 32:1714(6),5
relative to the Louisiana Towing and Storage Act; to provide for certain6
qualifications; to provide for the licensing of towing and storage facilities; to7
provide for notification of a towed vehicle to law enforcement; to provide for8
notification of a towed or stored vehicle to the Department of Transportation and9
Development; to provide for notification of a towed or stored vehicle to the vehicle10
owner and lienholder; to provide for the disposal of a stored vehicle; to provide for11
the waiver of fees when disposing a vehicle; to provide for gate fees; to provide for12
the towing of vehicles from private property; and to provide for related matters.13
Be it enacted by the Legislature of Louisiana:14
Section 1. R.S. 32:1713(3) and (5), 1717(A)(1), 1717.1(A), 1718(A)(introductory15
paragraph), (1), (2), and (3), 1719(A), 1720(A), 1728(A) and D(4), 1728.2(D)(4) and (G)(2),16
1729, 1734(E), and 1736(A)(2) and (C), are hereby amended and reenacted and R.S.17
32:1713(7) and (8), 1717(A)(4), and 1728(D)(7) are hereby enacted to read as follows:18
§1713. Definitions19
For the purposes of this Chapter, the following terms shall have the20
following meaning:21
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(3) "Owner" means the last registered owner of a vehicle, the holder of any1
lien on a vehicle, and any other person with an documented proof of ownership2
interest in a vehicle. Documented proof of ownership shall include a title, current3
registration, or a notarized bill of sale.4
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(5) "Tow truck" means any motor vehicle equipped with a boom or booms,6
winches, slings, tilt beds, semi-trailers, and/or similar equipment designed for the7
towing and/or recovery of vehicles and other objects which cannot operate under8
their own power or for some reason must be transported by means of towing. 9
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(7) "Non-consensual storage" means the storage or possession of a vehicle11
by an individual or storage facility operator without prior consent or authorization12
of the vehicle's owner or operator for the purpose of charging fees or obtaining13
ownership. Prior consent or authorization shall be documented by the storage14
facility by providing a written storage contract as outlined in R.S. 32:1722(C).15
(8) "Non-consensual towing" means the movement or transportation of a16
vehicle by a tow truck without the prior consent or authorization of the owner or17
operator of the vehicle. This includes private property tows conducted in accordance18
with the provisions of R.S. 32:1736 and tows by law enforcement or other public19
agencies. A tow initiated by a call from a law enforcement or other public agency at20
the request of the owner or operator of the vehicle shall be considered non-21
consensual, unless the owner or operator of the vehicle has signed the tow invoice22
which includes the agreed upon tow fee and the destination of the tow prior to hook23
up.24
* * *25
§1717. Qualifications of licensee; proof of financial responsibility in lieu of26
insurance27
A. A tow truck license plate shall not be issued to a tow truck owner unless:28 HLS 12RS-734 ORIGINAL
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(1) The applicant and employees who operate tow trucks have has never1
been convicted of a felony relating to vehicle thefts.2
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(4) The applicant and employees that operate tow trucks are not required to4
be registered as a sex offender or child predator as required in R.S. 15:542.5
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§1717.1. Licensing; storage facility inspection; fee7
A. Each towing company or storage facility which conducts non-consensual8
tows or non-consensual storage, or stores vehicles under the provisions of this9
Chapter shall pay an annual fee of one hundred dollars for a storage inspection10
license to the Department of Public Safety and Corrections, office of state police.11
* * *12
§1718. Law enforcement notification of a vehicle towed to a storage facility;13
outdoor storage facility14
A. Whenever any vehicle has been towed to a storage facility where fees are15
charged for such storage or parking, as a result of a non-consensual tow from16
private property, the owner or operator of the storage facility shall, within17
twenty-four hours of the time such vehicle is towed to a storage facility, notify the18
office of the sheriff or the municipal police or their assigned designees from whose19
jurisdiction the vehicle is towed that the vehicle has been towed for storage. Except20
when the vehicle is stored by or upon request from a law enforcement agency, the21
storage operator shall provide to the law enforcement authorities or their designees:22
(1) The name and address of the location from which the vehicle was towed.23
(2) A description of the vehicle The year, make, model, color, and24
manufacturer's vehicle identification number. 25
(3) The license plate number and state of issuance of the vehicle. 26
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§1719. Notification to Department of Public Safety and Corrections1
A. Whenever any vehicle subject to registration in this state has been stored,2
parked, or left in a garage, or any type of public storage or parking lot, where fees3
are charged for storage or parking or when a vehicle has been towed or stored as a4
result of a non-consensual tow or non-consensual storage, the owner of the storage5
or parking facility shall, within three business days by the end of the next business6
day from of the date the vehicle has been towed, stored, or parked, report in writing7
to the department, or the department's authorized agent, the make, model, vehicle8
identification number, license plate number, state of issuance, and expiration date,9
if known, and the date of storage of such vehicle on a form furnished in a manner10
provided by the department or its authorized agent. The department, or the11
department's authorized agent, shall provide the owner of the towing, storage, or12
parking facility with the most current owner and lienholder information available on13
the stored vehicle. If the department reports that a stored vehicle is or has been14
registered in another state, that report shall indicate that the department has used due15
diligence in obtaining information from nationwide databases available to the16
department.17
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§1720. Owner notification of a stored vehicle; right to request administrative19
hearing20
A. Within ten business days from the date the department or its authorized21
agent sends the owner information of the stored vehicle, which includes information22
regarding the holder of any lien on the vehicle, to the owner of the towing, storage,23
or parking facility, the owner of the towing, storage, or parking facility shall send24
notice by certificate of mailing to the owner of the vehicle at the owner's last known25
address and to the holder of any lien on the vehicle. If the department or its26
authorized agent sends the owner information electronically, the owner of the27
towing, storage, or parking facility shall send notice within three business days.28
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§1728. Disposal of a stored motor vehicle1
A. After forty-five days , but no later than the ninetieth day from the original2
date of storage or adjusted storage date, if applicable, the storage or parking facility3
owner shall send a final notice which shall comply with the notice requirements of4
R.S. 32:1720(B)(1) through (7) to the stored vehicle's owner. The final notice shall5
inform the stored vehicle's owner that unless he pays all outstanding charges and6
claims the vehicle or makes arrangements with the storage or parking facility owner7
for the continued storage of the vehicle, the storage or parking facility owner may8
apply for a permit to sell or permit to dismantle from the department within after9
fifteen days of from the date the final notice is received by mailed to the stored10
vehicle's owner. The notice shall also inform the stored vehicle's owner of the11
provisions in R.S. 32:1730 and that they may be turned over to collections for failure12
to pay outstanding charges and claims. The towing, storage, or parking facility shall13
not charge for storage past the ninetieth day from the original date of storage. The14
storage or parking facility owner may continue to charge storage until the permit to15
sell has been issued if the application for the permit to sell was submitted prior to the16
seventy-fifth day from the original date of storage.17
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D. Prior to issuance of the permit to sell or permit to dismantle, the storage19
or parking facility owner shall provide the department with the following evidence:20
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(4) An appraisal based on the most recent National Automobile Dealers22
Association Guide. An original appraisal prepared by an independent appraiser,23
which shall contain the year, make, model, and vehicle identification number shall24
be acceptable for vehicles not valued by the National Automobile Dealers25
Association Guide.26
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(7) A legible copy of the applicant's current storage inspection license issued1
by the Department of Public Safety and Corrections, office of state police.2
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§1728.2. Procedure for disposal of junk vehicles4
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D. Each owner-operator who possesses a vehicle which meets the criteria6
set forth in Paragraph (C)(2) of this Section may make application for crushing of7
the vehicle at the expiration of thirty days or make application for dismantling of the8
vehicle at the expiration of thirty days from mailing of the notice. The application9
shall be made in a format authorized by the department upon satisfaction and10
submission of each of the following requirements:11
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(4) The owner-operator obtains an appraisal showing the vehicle has a fair13
market value of five hundred dollars or less. The appraisal shall be based on the14
rough trade-in value of the vehicle as determined by the most recent National15
Automobile Dealers Association Guide. An original appraisal prepared by an16
independent appraiser, which shall contain the year, make, model, and vehicle17
identification number shall be acceptable for vehicles not valued by the National18
Automobile Dealers Association Guide.19
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G. The owner-operator shall maintain copies of the following records on all21
vehicles crushed or dismantled under the provisions of this Section:22
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(2) One appraisal showing the vehicle has a fair market value of five hundred24
dollars or less. The appraisal shall be based on the rough trade-in value of the25
vehicle as determined by the most recent National Automobile Dealers Association26
Guide. An original appraisal prepared by an independent appraiser, which shall27 HLS 12RS-734 ORIGINAL
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contain the year, make, model, and vehicle identification number shall be acceptable1
for vehicles not valued by the National Automobile Dealers Association Guide.2
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§1729. Waiver of fee; disposal of law enforcement storage4
After complying with the provisions of this Chapter, a tow truck owner or5
operator may obtain from the department, without the payment of fees otherwise6
required by R.S. 32:728, a permit to sell or permit to dismantle in order to dispose7
of a vehicle, which he removed, pursuant to a request from a law enforcement or8
other public agency, as an abandoned vehicle or from the scene of an accident. Once9
a permit to sell or permit to dismantle has been obtained for a vehicle that was towed10
as a result of a request by a law enforcement or other public agency, the owner of the11
towed vehicle shall no longer be liable for the towing and storage fees.12
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§1734. Gate fees; other fees; excessive charges; prohibitions; cause of action14
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E. For purposes of this Section, "normal business hours" of any towing or16
storage company shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday,17
exclusive of legal holidays. Towing or storage companies that tow vehicles under the18
provisions of R.S. 32:1736(C) from private property outside "normal business hours"19
shall not charge a gate fee until after the next regular business day.20
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§1736. Towing of motor vehicles from private property; definitions; billing22
invoices; uniform fees; penalties23
A. For purposes of this Section, the following terms shall have the meaning24
indicated unless the context clearly indicates otherwise:25
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(2) "Nonconsensual tow" shall mean the towing of a motor vehicle without27
the prior consent or authorization of the motor vehicle owner or operator. "Parking28 HLS 12RS-734 ORIGINAL
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space" shall mean the designated location in a parking area for the parking of a single1
vehicle.2
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C. Property owners who tow unauthorized vehicles from their property or4
parking areas shall place signage in clearly visible locations at the entrances and5
exits to such property and parking areas warning motorists that unauthorized6
vehicles may be towed. If the property has specific parking areas or parking spaces7
where vehicles are subject to be towed, the specific parking area and parking space8
that a vehicle is subject to be towed from must also be clearly marked warning the9
motorist their vehicle may be towed. A property owner or his authorized10
representative who enters into contracts or agreements with a tow truck company to11
engage in tow-related services and activities shall place signage in clearly visible12
locations at the entrances and exits to such property or parking areas warning13
motorists that unauthorized vehicles may be towed. The signage shall include the14
name, address, and phone number of the towing company, and tow rates set by the15
Public Service Commission the uniform towing fee in lettering no less than two16
inches in height. Tow truck company owners and drivers shall ensure that the17
property, parking areas, and spaces are clearly marked prior to the removal of any18
vehicle. Additionally, a copy of the written contract or agreement entered into19
between the property owner or his authorized representative and the tow truck20
company shall be maintained at the business office of the property owner and the21
business office of the tow truck company and in the tow truck. The written contract22
or agreement shall define the parking rules and reasons for towing. The written23
contract or agreement shall be dated and signed by all parties and include emergency24
contact numbers for the property owner or their authorized agent with a starting date25
for the towing service. The written contract or agreements shall indicate specific26
date of termination not to exceed three years from the start date. Property owners27 HLS 12RS-734 ORIGINAL
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meeting the requirements of this Subsection shall not be required to tag a motor1
vehicle for removal or sign the billing invoice prior to towing.2
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Section 2. R.S. 32:1714(6) is hereby repealed in its entirety.4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry HB No. 839
Abstract: Revises provisions relative to towing and storing vehicles.
Proposed law revises the definition of "owner" and "tow truck" and adds definitions for
"non-consensual storage" and "non-consensual towing".
Proposed law prohibits the issuance of a tow truck license plate to employees unless they
have never been convicted of a felony relating to vehicle thefts and further prohibits the
issuance of plates to an applicant and employees who are required to register as sex
offenders or child predators.
Present law provides that each towing company or storage facility which stores vehicles
under the provisions of present law shall pay an annual fee of $100 for a storage inspection
license to the Dept. of Public Safety and Corrections, office of state police.
Proposed law provides that each towing company or storage facility which conducts non-
consensual storage and non-consensual towing shall pay the annual fee of $100.
Proposed law requires a storage operator to provide law enforcement authorities with the
name and address of the location from which a vehicle was towed, the year, make, model,
color, and VIN, and the license plate number and state of issuance.
Present law provides that whenever any vehicle subject to registration in this state has been
stored, parked, or left in a garage, or any type of public storage or parking lot, where fees are
charged for storage or parking, the owner of the storage or parking facility shall, within
three business days of the date the vehicle has been stored or parked, report in writing to the
department, or the department's authorized agent, the make, model, vehicle identification
number, license plate number, state of issuance, and expiration date, if known, and the date
of storage of such vehicle on a form furnished by the department or its authorized agent.
Proposed law requires the same reporting on vehicles that have been towed or stored as a
result of a non-consensual tow or non-consensual storage. Also requires the report to be
made by the end of the next business day from the date the vehicle was towed, stored, or
parked.
Proposed law provides that if the department sends the owner information about his stored
vehicle in an electronic manner, then the facility must send its required notice to the owner
within three business days instead of 10 business days.
Proposed law extends the time period within which a facility must send its final notice from
after 45 days to no later than the 90
th
day from the original date of storage. Also adds HLS 12RS-734 ORIGINAL
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additional information which must be included in the notice and includes provisions limiting
the time period within which the facility may continue to charge storage fees.
Proposed law provides that prior to the issuance of a permit to sell or dismantle, the facility
owner must submit an appraisal prepared by an independent appraiser in the instance the
vehicle is not valued by the National Automobile Dealers Association Guide.
Proposed law provides that once a permit to sell or permit to dismantle has been obtained
for a vehicle that was towed as a result of a request by a law enforcement or other public
agency, the owner of the towed vehicle shall no longer be liable for the towing and storage
fees.
Proposed law provides that towing or storage companies that tow vehicles under the
provisions of R.S. 32:1736(C) from private property outside "normal business hours" shall
not charge a gate fee until after the next regular business day.
Proposed law defines "parking space" and includes provisions providing for the duties of
private property owners relative to having vehicles towed from their property.
Present law authorizes the office of state police to adopt a schedule of maximum fees which
may be charged for the storage of vehicles which are stored under the authority of present
law.
Proposed law repeals present law.
(Amends R.S. 32:1713(3) and (5), 1717(A)(1), 1717.1(A), 1718(A)(intro. para.), (1), (2), and
(3), 1719(A), 1720(A), 1728(A) and (D)(4), 1728.2(D)(4) and (G)(2), 1729, 1734(E), and
1736(A)(2) and (C); Adds R.S. 32:1713(7) and (8), 1717(A)(4), and 1728(D)(7); Repeals
R.S. 32:1714(6))