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ACT No. 806
Regular Session, 2012
HOUSE BILL NO. 839
BY REPRESENTATIVE HENRY
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
* * *22
(3) "Owner" means the last registered owner of a vehicle, the holder of any23
lien on a vehicle, and any other person with an documented proof of ownership24 ENROLLEDHB NO. 839
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interest in of a vehicle. Documented proof of ownership shall include a title, current1
registration, or a notarized bill of sale.2
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(5) "Tow truck" means any motor vehicle equipped with a boom or booms,4
winches, slings, tilt beds, semi-trailers, and/or similar equipment designed for the5
towing and/or recovery of vehicles and other objects which cannot operate under6
their own power or for some reason must be transported by means of towing. 7
* * *8
(7) "Non-consensual storage" means the storage or possession of a vehicle9
by an individual or storage facility operator without prior consent or authorization10
of the vehicle's owner or operator for the purpose of charging fees or obtaining11
ownership. Prior consent or authorization shall be documented by the storage12
facility by providing a written storage contract as outlined in R.S. 32:1722(C).13
(8) "Non-consensual towing" means the movement or transportation of a14
vehicle by a tow truck without the prior consent or authorization of the owner or15
operator of the vehicle. This includes private property tows conducted in accordance16
with the provisions of R.S. 32:1736 and tows by law enforcement or other public17
agencies. Whenever an owner or operator of a vehicle requests a law enforcement18
officer or other public agency to initiate a tow, such tow shall be considered non-19
consensual and subject to Louisiana Public Service Commission tow rates.20
* * *21
§1717. Qualifications of licensee; proof of financial responsibility in lieu of22
insurance23
A. A tow truck license plate shall not be issued to a tow truck owner unless:24
(1) The applicant and employees who operate tow trucks have has never25
been convicted of a felony relating to vehicle thefts.26
* * *27
(4) The applicant and employees that operate tow trucks are not required to28
be registered as a sex offender or child predator as required in R.S. 15:542.29
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§1717.1. Licensing; storage facility inspection; fee1
A. Each towing company or storage facility which conducts non-consensual2
tows or non-consensual storage, or stores vehicles under the provisions of this3
Chapter shall pay an annual fee of one hundred dollars for a storage inspection4
license to the Department of Public Safety and Corrections, office of state police.5
* * *6
§1718. Law enforcement notification of a vehicle towed to a storage facility;7
outdoor storage facility8
A. Whenever any vehicle has been towed to a storage facility where fees are9
charged for such storage or parking, as a result of a non-consensual tow from10
private property, the owner or operator of the storage facility shall, within11
twenty-four hours of the time such vehicle is towed to a storage facility, notify the12
office of the sheriff or the municipal police or their assigned designees from whose13
jurisdiction the vehicle is towed that the vehicle has been towed for storage. Except14
when the vehicle is stored by or upon request from a law enforcement agency, the15
storage operator shall provide to the law enforcement authorities or their designees:16
(1) The name and address of the location from which the vehicle was towed.17
(2) A description of the vehicle The year, make, model, and manufacturer's18
vehicle identification number. 19
(3) The license plate number and state of issuance of the vehicle. 20
* * *21
§1719. Notification to Department of Public Safety and Corrections22
A. Whenever any vehicle subject to registration in this state has been stored,23
parked, or left in a garage, or any type of public storage or parking lot, where fees24
are charged for storage or parking or when a vehicle has been towed or stored as a25
result of a non-consensual tow or non-consensual storage, the owner of the storage26
or parking facility shall, within three business days of the date the vehicle has been27
towed, stored, or parked, report in writing to the department, or the department's28
authorized agent, the make, model, vehicle identification number, license plate29
number, state of issuance, and expiration date, if known, and the date of storage of30 ENROLLEDHB NO. 839
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such vehicle on a form furnished in a manner provided by the department or its1
authorized agent. The department, or the department's authorized agent, shall2
provide the owner of the towing, storage, or parking facility with the most current3
owner and lienholder information available on the stored vehicle. If the department4
reports that a stored vehicle is or has been registered in another state, that report shall5
indicate that the department has used due diligence in obtaining information from6
nationwide databases available to the department.7
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§1720. Owner notification of a stored vehicle; right to request administrative9
hearing10
A. Within ten business days from the date the department or its authorized11
agent sends the owner information of the stored vehicle, which includes information12
regarding the holder of any lien on the vehicle, to the owner of the towing, storage,13
or parking facility, the owner of the towing, storage, or parking facility shall send14
notice by certificate of mailing to the owner of the vehicle at the owner's last known15
address and to the holder of any lien on the vehicle. If the department or its16
authorized agent sends the owner information electronically, the owner of the17
towing, storage, or parking facility shall send notice within five business days.18
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§1728. Disposal of a stored motor vehicle20
A. After forty-five days from the original date of storage or adjusted storage21
date, if applicable, the storage or parking facility owner shall send a final notice22
which shall comply with the notice requirements of R.S. 32:1720(B)(1) through (7)23
to the stored vehicle's owner. The final notice shall inform the stored vehicle's owner24
that unless he pays all outstanding charges and claims the vehicle or makes25
arrangements with the storage or parking facility owner for the continued storage of26
the vehicle, the storage or parking facility owner may apply for a permit to sell or27
permit to dismantle from the department within after fifteen days of from the date28
the final notice is received by mailed to the stored vehicle's owner. The notice shall29
also inform the stored vehicle's owner of the provisions in R.S. 32:1730 and that they30 ENROLLEDHB NO. 839
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may be turned over to collections for failure to pay outstanding charges and claims.1
The towing, storage, or parking facility shall not charge for storage past the ninetieth2
day from the original date of storage, or the adjusted storage date, if applicable. The3
storage or parking facility owner may continue to charge storage up to the ninetieth4
day, or until the permit to sell has been issued, if the application for the permit to sell5
was submitted prior to the ninetieth day from the original date of storage or the6
adjusted storage date, if applicable.7
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D. Prior to issuance of the permit to sell or permit to dismantle, the storage9
or parking facility owner shall provide the department with the following evidence:10
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(4) An appraisal based on the most recent National Automobile Dealers12
Association Guide. An original appraisal prepared by an independent appraiser,13
which shall contain the year, make, model, and vehicle identification number, shall14
be acceptable for vehicles not valued by the National Automobile Dealers15
Association Guide.16
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§1728.2. Procedure for disposal of junk vehicles18
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D. Each owner-operator who possesses a vehicle which meets the criteria20
set forth in Paragraph (C)(2) of this Section may make application for crushing of21
the vehicle at the expiration of thirty days or make application for dismantling of the22
vehicle at the expiration of thirty days from mailing of the notice. The application23
shall be made in a format authorized by the department upon satisfaction and24
submission of each of the following requirements:25
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(4) The owner-operator obtains an appraisal showing the vehicle has a fair27
market value of five hundred dollars or less. The appraisal shall be based on the28
rough trade-in value of the vehicle as determined by the most recent National29
Automobile Dealers Association Guide. An original appraisal prepared by an30 ENROLLEDHB NO. 839
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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
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§1735. Driver's selection of licensed tow company; law enforcement rotation list;15
minimum requirements; removal from rotation list16
* * *17
D. No law enforcement officer shall recommend to the vehicle owner or18
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 or operator exercises their option to select the tow21
company, such selection shall be duly noted on the tow invoice or the law22
enforcement record of the incident.23
* * *24
§1736. Towing of motor vehicles from private property; definitions; billing25
invoices; uniform fees; penalties26
A. For purposes of this Section, the following terms shall have the meaning27
indicated unless the context clearly indicates otherwise:28
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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
* * *5
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
date of the towing service, and the specific date of termination of such agreement.30 ENROLLEDHB NO. 839
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Property owners meeting the requirements of this Subsection shall not be required1
to tag a motor vehicle for removal or sign the billing invoice prior to towing.2
D. All fees charged by a tow truck operator for the nonconsensual towing of3
a vehicle from private property or parking areas shall be uniform and shall be set in4
accordance with rules and regulations promulgated by the Louisiana Public Service5
Commission and by the Department of Public Safety and Corrections, office of state6
police. If the tow truck operator charges any fee in excess of the uniform fee, the7
owner of the motor vehicle shall have a right and cause of action to recover the8
amount of the excess fee, storage costs, if applicable, reasonable attorney fees, and9
all court costs. The provisions of this Section shall be enforced by all state and local10
law enforcement officers and duly appointed officers of the Louisiana Public Service11
Commission. Tow truck operators shall make billing invoices available for12
inspection upon request by any law enforcement officer or duly appointed officer of13
the Louisiana Public Service Commission and shall provide such officers with a copy14
of any billing invoice, any contract for services, or the name, address, and phone15
number of any property owner or authorized representative.16
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Section 2. R.S. 32:1714(6) is hereby repealed in its entirety.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: