FIRST REGULAR SESSION
SENATE BILL NO. 516
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (16).
1782S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 304, RSMo, by adding thereto one new section relating to towing of commercial
vehicles, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 304, RSMo, i s amended by adding thereto 1
one new section, to be known as section 304.163, to read as 2
follows:3
304.163. 1. As used in this section, the following 1
terms mean: 2
(1) "Commercial vehicle", any self -propelled or towed 3
vehicle that has a gross v ehicle weight rating of more than 4
ten thousand pounds; 5
(2) "Department", the department of transportation; 6
(3) "Gross vehicle weight rating", the same meaning 7
given to the term in section 302.700; 8
(4) "Nonconsensual tow", the movement o r 9
transportation of a commercial vehicle by a tow truck if 10
such movement or transportation is performed without the 11
prior consent or authorization of the owner or operator of 12
the commercial vehicle. Such term also includes any tow of 13
a commercial vehicle ordered by a law enforcement agency; 14
(5) "Tow truck", the same meaning given to the term in 15
section 304.153; 16
(6) "Towing company", the same meaning given to the 17
term in section 304.153. 18
2. The department of transportation shall est ablish 19
procedures to address nonconsensual towing, recovery, and 20 SB 516 2
cleanup practices related to the removal of commercial 21
vehicles from roadways; procedures to receive, investigate, 22
and adjudicate complaints from an owner, operator, or 23
insurer of a commercial vehicle involved in a nonconsensual 24
tow; and procedures for prohibiting towing companies from 25
performing nonconsensual tows if they are found to be in 26
violation of this section. The procedures developed under 27
this section shall be contained in the department of 28
transportation's towing services standards manual. All 29
nonconsensual towing and recovery services shall comply with 30
this section, the department of transportation's towing 31
services standards manual, and all other applicable laws and 32
regulations. 33
3. The procedures established by the department under 34
this section shall include, at a minimum: 35
(1) A process for an owner, operator, or insurer of a 36
commercial vehicle to file a complaint against a towing 37
company. All complaints filed under this section shall 38
contain the name of the complainant; the complainant's 39
address; the complainant's phone number; the complainant's 40
email address, if available; the name of the towing company; 41
the causes of the complaint; and any other facts and 42
documentation determined by rule to be of assistance to the 43
department in investigating the complaint; 44
(2) A process for the department to review a 45
complaint, any supporting facts and documentation, and 46
render an initial finding. The department shall ensure its 47
process includes an opportunity for the complainant or 48
towing company to appeal an initial decision before the 49
department makes a final determination on the matter; 50
(3) Factors the department shall consider in 51
determining whether a charge levied by a towing company was 52 SB 516 3
fair and reasonable. Such factors may include, without 53
limitation, whether the towing vehicles, all other 54
equipment, and number of employees and contractors were 55
required to complete the tow; whether the charges are fair, 56
reasonable, and customary; whether the total amount of time 57
required for the service was necessary; the location of the 58
vehicle being recovered; materials or cargo involved; and 59
any other information regarding the recovery, towin g, or 60
storage of a commercial vehicle; 61
(4) Requirements for information that shall be 62
included on every nonconsensual towing and recovery invoice, 63
such as the name, address, and telephone number of the 64
towing company; the date and time that the r equest for 65
service was received; contact information for the party that 66
requested the service; and the time of dispatch, time of 67
arrival at the scene, and time at which the scene was 68
cleared. Every invoice for a nonconsensual tow shall 69
include the words: 70
"Nonconsensual tows are regulated by the 71
Missouri Department of Transportation. If you 72
feel that you have been treated unfairly or 73
provided a service that was unnecessary, you may 74
file a complaint with the Missouri Department of 75
Transportation."; 76
(5) A disciplinary matrix for any towing company found 77
to be in violation of this section or the department of 78
transportation towing services standards manual. The matrix 79
shall: 80
(a) Be weighted based on the severity and number of 81
violations; 82 SB 516 4
(b) Include provisions for permanently or temporarily 83
prohibiting a towing company from performing nonconsensual 84
tows; and 85
(c) Include a process for the department to 86
communicate to the highway patrol and other state and local 87
law enforcement and emergency services agencies any 88
suspension or revocation of a towing company's authority to 89
perform nonconsensual tows. 90
4. To assist the department in implementing this 91
section, the department may establish a "Towing and Recovery 92
Review Board". 93
(1) The board shall consist of seven members to be 94
appropriated by the director of the department of 95
transportation, including: 96
(a) One member who is an employee of the department; 97
(b) One member who is an employee of the hig hway 98
patrol; 99
(c) One member representing local law enforcement 100
agencies; 101
(d) One member representing motor carriers in this 102
state; 103
(e) One member representing towing companies in this 104
state; 105
(f) One member representing independe nt owner-operator 106
truck drivers; and 107
(g) One member representing insurance companies in 108
this state. 109
(2) Members of the board shall serve without 110
compensation, shall serve three year terms, and shall serve 111
for no more than two consecutive te rms. 112
(3) The board's primary functions shall include 113
assisting the department in reviewing a complaint, 114 SB 516 5
identifying potential violations of the towing services 115
standards manual, making recommendations for the initial 116
determination, and to approve or reject a final 117
determination of the department. 118
5. If an owner or operator of a commercial vehicle 119
requests the use of a specific towing company, law 120
enforcement agencies shall honor that request, unless: 121
(1) The requested towing company cannot arrive at the 122
location of the vehicle within a reasonable time; 123
(2) A traffic safety problem exists and the requested 124
towing company can not arrive at the location of the vehicle 125
within thirty minutes; or 126
(3) The commercial vehicle i s disabled in the roadway 127
and the requested towing company can not arrive at the 128
location of the vehicle within thirty minutes. 129
6. If the department of transportation or the towing 130
and recovery review board determines there is a genuine 131
dispute as to the reasonableness or amount of the fees 132
assessed by a towing company for a nonconsensual tow, the 133
towing company shall release the commercial vehicle and 134
cargo to the owner, operator, or insurer of the commercial 135
vehicle and cargo without the veh icle owner paying any 136
portion of the fees assessed. 137
7. No towing company shall use a per pound method of 138
charging for a nonconsensual tow. 139
8. Storage charges for a nonconsensual tow shall cease 140
accruing upon the date a complaint is filed wit h the 141
department of transportation. 142
9. Notwithstanding any provision of law to the 143
contrary, a nonconsensual tow or associated storage charges 144
shall not create a lien on a commercial vehicle or cargo. 145 SB 516 6
10. A towing company shall provide reaso nable access 146
to an owner, operator, or insurer of a commercial vehicle 147
that is the subject of a nonconsensual tow for the following 148
purposes: 149
(1) Collection of personal property from within the 150
vehicle; 151
(2) Investigation or reconstruction o f an accident 152
scene; or 153
(3) Retrieval of data from the commercial vehicle's 154
computer system. 155
11. No towing company shall perform a nonconsensual 156
tow when it is prohibited by the department of 157
transportation from performing nonconsensual tow s. A towing 158
company that violates this subsection shall be subject to a 159
civil penalty of twenty -five thousand dollars per violation. 160
12. This section shall apply only to nonconsensual 161
tows. This section shall not apply if an owner, operator, 162
or insurer of a commercial vehicle requests the use of a 163
specific towing company and the request is honored. 164
13. The department of transportation shall promulgate 165
rules as necessary for the implementation of this section. 166
Any rule or portion of a r ule, as that term is defined in 167
section 536.010, that is created under the authority 168
delegated in this section shall become effective only if it 169
complies with and is subject to all of the provisions of 170
chapter 536 and, if applicable, section 536.028. This 171
section and chapter 536 are nonseverable and if any of the 172
powers vested with the general assembly pursuant to chapter 173
536 to review, to delay the effective date, or to disapprove 174
and annul a rule are subsequently held unconstitutional, 175 SB 516 7
then the grant of rulemaking authority and any rule proposed 176
or adopted after August 28, 2025, shall be invalid and void. 177