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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), and 1736(A)(2), (C), and (D), to enact R.S.4
32:1713(7), 1717(A)(4), and 1735(D), and to repeal R.S. 32:1714(6), relative to the5
Louisiana Towing and Storage Act; to provide for certain qualifications; to provide6
for the licensing of towing and storage facilities; to provide for notification of a7
towed vehicle to law enforcement; to provide for notification of a towed or stored8
vehicle to the Department of Transportation and Development; to provide for9
notification of a towed or stored vehicle to the vehicle owner and lienholder; to10
provide for the disposal of a stored vehicle; to provide for the waiver of fees when11
disposing a vehicle; to provide for gate fees; to provide for the towing of vehicles12
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) and16
(G)(2), and 1736(A)(2), (C), and (D) are hereby amended and reenacted and R.S.17
32:1713(7), 1717(A)(4), and 1735(D) 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
* * *5
(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
* * *10
(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
* * *16
§1717. Qualifications of licensee; proof of financial responsibility in lieu of17
insurance18
A. A tow truck license plate shall not be issued to a tow truck owner unless:19
(1) The applicant and employees who operate tow trucks have has never20
been convicted of a felony relating to vehicle thefts.21
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(4) The applicant and employees that operate tow trucks are not required to23
be registered as a sex offender or child predator as required in R.S. 15:542.24
* * *25
§1717.1. Licensing; storage facility inspection; fee26
A. Each towing company or storage facility which conducts non-consensual27
tows or non-consensual storage, or stores vehicles under the provisions of this28 HLS 12RS-734 ENGROSSED
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Chapter shall pay an annual fee of one hundred dollars for a storage inspection1
license to the Department of Public Safety and Corrections, office of state police.2
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§1718. Law enforcement notification of a vehicle towed to a storage facility;4
outdoor storage facility5
A. Whenever any vehicle has been towed to a storage facility where fees are6
charged for such storage or parking, as a result of a non-consensual tow from7
private property, the owner or operator of the storage facility shall, within8
twenty-four hours of the time such vehicle is towed to a storage facility, notify the9
office of the sheriff or the municipal police or their assigned designees from whose10
jurisdiction the vehicle is towed that the vehicle has been towed for storage. Except11
when the vehicle is stored by or upon request from a law enforcement agency, the12
storage operator shall provide to the law enforcement authorities or their designees:13
(1) The name and address of the location from which the vehicle was towed.14
(2) A description of the vehicle The year, make, model, and manufacturer's15
vehicle identification number. 16
(3) The license plate number and state of issuance of the vehicle. 17
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§1719. Notification to Department of Public Safety and Corrections19
A. Whenever any vehicle subject to registration in this state has been stored,20
parked, or left in a garage, or any type of public storage or parking lot, where fees21
are charged for storage or parking or when a vehicle has been towed or stored as a22
result of a non-consensual tow or non-consensual storage, the owner of the storage23
or parking facility shall, within three business days of the date the vehicle has been24
towed, stored, or parked, report in writing to the department, or the department's25
authorized agent, the make, model, vehicle identification number, license plate26
number, state of issuance, and expiration date, if known, and the date of storage of27
such vehicle on a form furnished in a manner provided by the department or its28
authorized agent. The department, or the department's authorized agent, shall29 HLS 12RS-734 ENGROSSED
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provide the owner of the towing, storage, or parking facility with the most current1
owner and lienholder information available on the stored vehicle. If the department2
reports that a stored vehicle is or has been registered in another state, that report shall3
indicate that the department has used due diligence in obtaining information from4
nationwide databases available to the department.5
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§1720. Owner notification of a stored vehicle; right to request administrative7
hearing8
A. Within ten business days from the date the department or its authorized9
agent sends the owner information of the stored vehicle, which includes information10
regarding the holder of any lien on the vehicle, to the owner of the towing, storage,11
or parking facility, the owner of the towing, storage, or parking facility shall send12
notice by certificate of mailing to the owner of the vehicle at the owner's last known13
address and to the holder of any lien on the vehicle. If the department or its14
authorized agent sends the owner information electronically, the owner of the15
towing, storage, or parking facility shall send notice within five business days.16
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§1728. Disposal of a stored motor vehicle18
A. After forty-five days from the original date of storage or adjusted storage19
date, if applicable, the storage or parking facility owner shall send a final notice20
which shall comply with the notice requirements of R.S. 32:1720(B)(1) through (7)21
to the stored vehicle's owner. The final notice shall inform the stored vehicle's owner22
that unless he pays all outstanding charges and claims the vehicle or makes23
arrangements with the storage or parking facility owner for the continued storage of24
the vehicle, the storage or parking facility owner may apply for a permit to sell or25
permit to dismantle from the department within after fifteen days of from the date26
the final notice is received by mailed to the stored vehicle's owner. The notice shall27
also inform the stored vehicle's owner of the provisions in R.S. 32:1730 and that they28
may be turned over to collections for failure to pay outstanding charges and claims.29 HLS 12RS-734 ENGROSSED
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The towing, storage, or parking facility shall not charge for storage past the ninetieth1
day from the original date of storage, or the adjusted storage date, if applicable. The2
storage or parking facility owner may continue to charge storage up to the ninetieth3
day, or until the permit to sell has been issued, if the application for the permit to sell4
was submitted prior to the ninetieth day from the original date of storage or the5
adjusted storage date, if applicable.6
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D. Prior to issuance of the permit to sell or permit to dismantle, the storage8
or parking facility owner shall provide the department with the following evidence:9
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(4) An appraisal based on the most recent National Automobile Dealers11
Association Guide. An original appraisal prepared by an independent appraiser,12
which shall contain the year, make, model, and vehicle identification number shall13
be acceptable for vehicles not valued by the National Automobile Dealers14
Association Guide.15
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§1728.2. Procedure for disposal of junk vehicles17
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D. Each owner-operator who possesses a vehicle which meets the criteria19
set forth in Paragraph (C)(2) of this Section may make application for crushing of20
the vehicle at the expiration of thirty days or make application for dismantling of the21
vehicle at the expiration of thirty days from mailing of the notice. The application22
shall be made in a format authorized by the department upon satisfaction and23
submission of each of the following requirements:24
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(4) The owner-operator obtains an appraisal showing the vehicle has a fair26
market value of five hundred dollars or less. The appraisal shall be based on the27
rough trade-in value of the vehicle as determined by the most recent National28
Automobile Dealers Association Guide. An original appraisal prepared by an29 HLS 12RS-734 ENGROSSED
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independent appraiser, which shall contain the year, make, model, and vehicle1
identification number shall be acceptable for vehicles not valued by the National2
Automobile Dealers Association Guide.3
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G. The owner-operator shall maintain copies of the following records on all5
vehicles crushed or dismantled under the provisions of this Section:6
* * *7
(2) One appraisal showing the vehicle has a fair market value of five hundred8
dollars or less. The appraisal shall be based on the rough trade-in value of the9
vehicle as determined by the most recent National Automobile Dealers Association10
Guide. An original appraisal prepared by an independent appraiser, which shall11
contain the year, make, model, and vehicle identification number shall be acceptable12
for vehicles not valued by the National Automobile Dealers Association Guide.13
* * *14
§1735. Driver's selection of licensed tow company; law enforcement rotation list;15
minimum requirements; removal from rotation list16
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D. No law enforcement officer shall initiate or recommend to the vehicle18
operator a specific tow company to conduct a tow. All tows shall be referred to the19
law enforcement rotation list or the authorized contractor for the law enforcement20
agency. When the owner exercises their right to select the tow company, such21
selection shall be duly noted on the tow invoice or the law enforcement record of the22
incident.23
§1736. Towing of motor vehicles from private property; definitions; billing24
invoices; uniform fees; penalties25
A. For purposes of this Section, the following terms shall have the meaning26
indicated unless the context clearly indicates otherwise:27
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(2) "Nonconsensual tow" shall mean the towing of a motor vehicle without1
the prior consent or authorization of the motor vehicle owner or operator. "Parking2
space" shall mean the designated location in a parking area for the parking of a single3
vehicle.4
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C. Property owners who tow unauthorized vehicles from their property or6
parking areas shall place signage in clearly visible locations at the entrances and7
exits to such property warning motorists that unauthorized vehicles may be towed.8
If the property has specific parking areas or parking spaces where vehicles are9
subject to be towed, the specific parking area or parking space that a vehicle is10
subject to be towed from must also be clearly marked warning the motorist their11
vehicle may be towed. Such warning shall include signage in each designated12
parking area or the marking of the individual parking spaces in these specific parking13
areas. A property owner or his authorized representative who enters into contracts14
or agreements with a tow truck company to engage in tow-related services and15
activities shall place signage in clearly visible locations at the entrances and exits to16
such property or parking areas warning motorists that unauthorized vehicles may be17
towed. The signage shall include the name, address, and phone number of the18
towing company, and the uniform towing fee in lettering no less than two inches in19
height. Tow truck company owners and drivers shall ensure that the property,20
parking areas, and spaces are clearly marked prior to the removal of any vehicle.21
Additionally, a copy of the written contract or agreement entered into between the22
property owner or his authorized representative and the tow truck company shall be23
maintained at the business office of the property owner and the business office of the24
tow truck company and in the tow truck. The written contract or agreement shall25
define the parking rules and reasons for towing. The written contract or agreement26
shall be dated and signed by all parties and include telephone contact numbers for27
the property owner or their authorized agent and the tow truck company owner, or28
their authorized agent. The written contract or agreements shall indicate the starting29 HLS 12RS-734 ENGROSSED
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date of the towing service, and the specific date of termination of such agreement.1
Property owners meeting the requirements of this Subsection shall not be required2
to tag a motor vehicle for removal or sign the billing invoice prior to towing.3
D. All fees charged by a tow truck operator for the nonconsensual towing of4
a vehicle from private property or parking areas shall be uniform and shall be set in5
accordance with rules and regulations promulgated by the Louisiana Public Service6
Commission and by the Department of Public Safety and Corrections, office of state7
police. If the tow truck operator charges any fee in excess of the uniform fee, the8
owner of the motor vehicle shall have a right and cause of action to recover the9
amount of the excess fee, storage costs, if applicable, reasonable attorney fees, and10
all court costs. The provisions of this Section shall be enforced by all state and local11
law enforcement officers and duly appointed officers of the Louisiana Public Service12
Commission. Tow truck operators shall make billing invoices available for13
inspection upon request by any law enforcement officer or duly appointed officer of14
the Louisiana Public Service Commission and shall provide such officers with a copy15
of any billing invoice, any contract for services, or the name, address, and phone16
number of any property owner or authorized representative.17
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Section 2. R.S. 32:1714(6) is hereby repealed in its entirety.19
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".
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. HLS 12RS-734 ENGROSSED
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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,
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.
Proposed law provides that if the department sends the owner notification of his stored
vehicle in an electronic manner, then the facility must send its required notice to the owner
within five business days
Proposed law provides that a final notice pursuant to present law (R.S. 32:1730) shall inform
the vehicle owner that they may be turned over to collections for failure to pay outstanding
fees. Also, provides that the towing, storage, or parking facility shall not charge for storage
past the 90th day of storage or the adjusted storage date. the facility may charge up to the
90th day or until the permit to sell has been issued, only if the application for the permit to
sell was submitted prior to the ninetieth day from the original date of storage or adjusted
storage date.
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 prohibits a law enforcement officer from initiating or recommending a specific
tow company to conduct a tow to a vehicle owner. All tows shall be referred to the law
enforcement agency rotation list or authorized contractor and in the event a vehicle owner
exercises their right to select a tow company, such selection should be duly noted on the tow
invoice or the law enforcement incident report.
Proposed law defines "parking space" and includes provisions providing for the duties of
private property owners relative to having vehicles towed from their property. Also provides
requirements for written agreements between tow truck companies and private property
owners.
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), and 1736(A)(2), (C),
and (D); Adds R.S. 32:1713(7), 1717(A)(4), and 1735(D); Repeals R.S. 32:1714(6)) HLS 12RS-734 ENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Removed the definition of "non-consensual towing".
2. Removed provisions relative to the waiver of fees and disposal of law
enforcement storage.
3. Removed provisions relative to gate fees charged by tow companies.
4. Added provisions prohibiting law enforcement officials from initiating or
recommending a tow truck company to conduct a tow.