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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) and (8), 1717(A)(4), and 1735(D), and to repeal R.S. 32:1714(6), relative5
to the Louisiana Towing and Storage Act; to provide for certain qualifications; to6
provide for the licensing of towing and storage facilities; to provide for notification7
of a towed vehicle to law enforcement; to provide for notification of a towed or8
stored 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. 32:1713(7)17
and (8), 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 of 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
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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 REENGROSSED
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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, and manufacturer's24
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 of the date the vehicle has been6
towed, stored, or parked, report in writing to the department, or the department's7
authorized agent, the make, model, vehicle identification number, license plate8
number, state of issuance, and expiration date, if known, and the date of storage of9
such vehicle on a form furnished in a manner provided by the department or its10
authorized agent. The department, or the department's authorized agent, shall11
provide the owner of the towing, storage, or parking facility with the most current12
owner and lienholder information available on the stored vehicle. If the department13
reports that a stored vehicle is or has been registered in another state, that report shall14
indicate that the department has used due diligence in obtaining information from15
nationwide databases available to the department.16
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§1720. Owner notification of a stored vehicle; right to request administrative18
hearing19
A. Within ten business days from the date the department or its authorized20
agent sends the owner information of the stored vehicle, which includes information21
regarding the holder of any lien on the vehicle, to the owner of the towing, storage,22
or parking facility, the owner of the towing, storage, or parking facility shall send23
notice by certificate of mailing to the owner of the vehicle at the owner's last known24
address and to the holder of any lien on the vehicle. If the department or its25
authorized agent sends the owner information electronically, the owner of the26
towing, storage, or parking facility shall send notice within five business days.27
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§1728. Disposal of a stored motor vehicle1
A. After forty-five days from the original date of storage or adjusted storage2
date, if applicable, the storage or parking facility owner shall send a final notice3
which shall comply with the notice requirements of R.S. 32:1720(B)(1) through (7)4
to the stored vehicle's owner. The final notice shall inform the stored vehicle's owner5
that unless he pays all outstanding charges and claims the vehicle or makes6
arrangements with the storage or parking facility owner for the continued storage of7
the vehicle, the storage or parking facility owner may apply for a permit to sell or8
permit to dismantle from the department within after fifteen days of from the date9
the final notice is received by mailed to the stored vehicle's owner. The notice shall10
also inform the stored vehicle's owner of the provisions in R.S. 32:1730 and that they11
may be turned over to collections for failure to pay outstanding charges and claims.12
The towing, storage, or parking facility shall not charge for storage past the ninetieth13
day from the original date of storage, or the adjusted storage date, if applicable. The14
storage or parking facility owner may continue to charge storage up to the ninetieth15
day, or until the permit to sell has been issued, if the application for the permit to sell16
was submitted prior to the ninetieth day from the original date of storage or the17
adjusted storage date, if applicable.18
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D. Prior to issuance of the permit to sell or permit to dismantle, the storage20
or parking facility owner shall provide the department with the following evidence:21
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(4) An appraisal based on the most recent National Automobile Dealers23
Association Guide. An original appraisal prepared by an independent appraiser,24
which shall contain the year, make, model, and vehicle identification number shall25
be acceptable for vehicles not valued by the National Automobile Dealers26
Association Guide.27
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§1728.2. Procedure for disposal of junk vehicles1
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D. Each owner-operator who possesses a vehicle which meets the criteria3
set forth in Paragraph (C)(2) of this Section may make application for crushing of4
the vehicle at the expiration of thirty days or make application for dismantling of the5
vehicle at the expiration of thirty days from mailing of the notice. The application6
shall be made in a format authorized by the department upon satisfaction and7
submission of each of the following requirements:8
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(4) The owner-operator obtains an appraisal showing the vehicle has a fair10
market value of five hundred dollars or less. The appraisal shall be based on the11
rough trade-in value of the vehicle as determined by the most recent National12
Automobile Dealers Association Guide. An original appraisal prepared by an13
independent appraiser, which shall contain the year, make, model, and vehicle14
identification number shall be acceptable for vehicles not valued by the National15
Automobile Dealers Association Guide.16
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G. The owner-operator shall maintain copies of the following records on all18
vehicles crushed or dismantled under the provisions of this Section:19
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(2) One appraisal showing the vehicle has a fair market value of five hundred21
dollars or less. The appraisal shall be based on the rough trade-in value of the22
vehicle as determined by the most recent National Automobile Dealers Association23
Guide. An original appraisal prepared by an independent appraiser, which shall24
contain the year, make, model, and vehicle identification number shall be acceptable25
for vehicles not valued by the National Automobile Dealers Association Guide.26
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§1735. Driver's selection of licensed tow company; law enforcement rotation list;1
minimum requirements; removal from rotation list2
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D. No law enforcement officer shall initiate or recommend to the vehicle4
operator a specific tow company to conduct a tow. All tows shall be referred to the5
law enforcement rotation list or the authorized contractor for the law enforcement6
agency. When the owner exercises their right to select the tow company, such7
selection shall be duly noted on the tow invoice or the law enforcement record of the8
incident.9
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§1736. Towing of motor vehicles from private property; definitions; billing11
invoices; uniform fees; penalties12
A. For purposes of this Section, the following terms shall have the meaning13
indicated unless the context clearly indicates otherwise:14
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(2) "Nonconsensual tow" shall mean the towing of a motor vehicle without16
the prior consent or authorization of the motor vehicle owner or operator. "Parking17
space" shall mean the designated location in a parking area for the parking of a single18
vehicle.19
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C. Property owners who tow unauthorized vehicles from their property or21
parking areas shall place signage in clearly visible locations at the entrances and22
exits to such property warning motorists that unauthorized vehicles may be towed.23
If the property has specific parking areas or parking spaces where vehicles are24
subject to be towed, the specific parking area or parking space that a vehicle is25
subject to be towed from must also be clearly marked warning the motorist their26
vehicle may be towed. Such warning shall include signage in each designated27
parking area or the marking of the individual parking spaces in these specific parking28
areas. A property owner or his authorized representative who enters into contracts29 HLS 12RS-734 REENGROSSED
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or agreements with a tow truck company to engage in tow-related services and1
activities shall place signage in clearly visible locations at the entrances and exits to2
such property or parking areas warning motorists that unauthorized vehicles may be3
towed. The signage shall include the name, address, and phone number of the4
towing company, and the uniform towing fee in lettering no less than two inches in5
height. Tow truck company owners and drivers shall ensure that the property,6
parking areas, and spaces are clearly marked prior to the removal of any vehicle.7
Additionally, a copy of the written contract or agreement entered into between the8
property owner or his authorized representative and the tow truck company shall be9
maintained at the business office of the property owner and the business office of the10
tow truck company and in the tow truck. The written contract or agreement shall11
define the parking rules and reasons for towing. The written contract or agreement12
shall be dated and signed by all parties and include telephone contact numbers for13
the property owner or their authorized agent and the tow truck company owner, or14
their authorized agent. The written contract or agreements shall indicate the starting15
date of the towing service, and the specific date of termination of such agreement.16
Property owners meeting the requirements of this Subsection shall not be required17
to tag a motor vehicle for removal or sign the billing invoice prior to towing.18
D. All fees charged by a tow truck operator for the nonconsensual towing of19
a vehicle from private property or parking areas shall be uniform and shall be set in20
accordance with rules and regulations promulgated by the Louisiana Public Service21
Commission and by the Department of Public Safety and Corrections, office of state22
police. If the tow truck operator charges any fee in excess of the uniform fee, the23
owner of the motor vehicle shall have a right and cause of action to recover the24
amount of the excess fee, storage costs, if applicable, reasonable attorney fees, and25
all court costs. The provisions of this Section shall be enforced by all state and local26
law enforcement officers and duly appointed officers of the Louisiana Public Service27
Commission. Tow truck operators shall make billing invoices available for28
inspection upon request by any law enforcement officer or duly appointed officer of29 HLS 12RS-734 REENGROSSED
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the Louisiana Public Service Commission and shall provide such officers with a copy1
of any billing invoice, any contract for services, or the name, address, and phone2
number of any property owner or authorized representative.3
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Section 2. R.S. 32:1714(6) is hereby repealed in its entirety.5
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,
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 HLS 12RS-734 REENGROSSED
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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) and (8), 1717(A)(4), and 1735(D); Repeals R.S. 32:1714(6))
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.
House Floor Amendments to the engrossed bill.
1. Added the definition of "non-consensual towing".
2. Made technical amendments.