Subject 515-16-15 NON-CONSENSUAL TOWING
In addition to the Definitions contained in Chapter 515-16-3
of these Rules, the following terms used in this Chapter 515-16-15 have the
following meaning:
| (a) |
Attendant means
any person who is authorized by the impoundment facility to release a vehicle
from the facility when presented with proper documentation of ownership and
payment of appropriate fees. [See Para. (e) below for this
definition] |
| (b) |
Corporate entity
means any corporation, limited liability company, limited partnership, small
business corporation or any other entity or organization registered with the
Georgia Secretary of State's Corporations Division. |
| (c) |
Maximum Rate Tariff means the publication
containing the maximum rates as prescribed by the Commission that a wrecker
company can assess for the towing and storage of vehicles removed pursuant to
the authority granted in the "Nonconsensual Towing Permit". |
| (d) |
Nonconsensual Towing shall mean towing
without the prior consent or authorization of the owner or operator of the
motor vehicle being towed. |
| (e) |
Nonconsensual Towing Carrier or NCT Carrier means a wrecker service operator
who or which engages in the towing or other removal of improperly parked
vehicles and trespassing personal property (including, but not limited to,
trespassing vehicles) from private property. |
| (f) |
Nonconsensual Towing Permit or NCT Permit
means a permit issued by the Commission to a wrecker or towing service
operator, authorizing removal of improperly parked vehicles and trespassing
personal property from private property. |
| (g) |
Normal Business Hours means operating
hours of a nonconsensual towing carrier as approved by the
Commission. |
| (h) |
Receipt means a
document issued by the attendant to the owner of the vehicle stating all
charges have been paid for the towing and storage of vehicle. |
| (i) |
Secure Impoundment Facility means a
facility owned or leased by a towing company for the purposes of providing
secure storage of towed vehicles. |
| (j) |
Tow or towing means to utilize any
automotive vehicle to pull, to load and carry or otherwise to transport another
automotive vehicle or automotive vehicle trailer over a public highway or road,
except that transportation by an automobile transport vehicle with a capacity
of three (3) or more vehicles shall not be included in the definition of tow or
towing, no matter how many vehicles such automobile transport vehicle is
transporting at any given time. |
| (k) |
Wrecker means an automotive vehicle with hoisting apparatus and equipment for
towing vehicles. The term "wrecker" also includes any vehicle otherwise
equipped and used for the purposes of towing vehicles. |
| (l) |
Wrecker or towing service operator means
the person or entity operating or in control of the provision of wrecker or
towing services to the public or to property owners and shall include all
officers or managers of any such services. |
| (1) |
Before any
wrecker service shall transport vehicles in nonconsensual towing on or over any
public highway of the State of Georgia, it shall first secure a nonconsensual
towing permit from the Commission by making application on forms supplied by
the Commission and paying an annual filing fee of $300.00. Such filing fee
shall accompany the application, which shall not be complete and ready for
favorable Commission action until such fee is paid; and such fee is
nonrefundable upon Commission denial of the application, applicant's withdrawal
of the application or for any other reason. The permit shall be issued on an
annual basis. |
| (2) |
The Commission
shall issue a nonconsensual towing permit if the application is complete and
the applicant demonstrates the willingness and ability to comply with the laws
of Georgia and the rules and regulations of the Commission related to NCT
Carriers, including, but not limited to, secure impoundment facility, the
maximum rate tariff, and with Commission insurance and safety
requirements. |
| (3) |
The Commission
may refuse to issue a permit where the applicant has failed to show compliance
with the applicable laws of Georgia and the rules and regulations of the
Commission. In such instance, the applicant, shall upon written request made
within 30 days of the date of denial, be entitled to a hearing to contest said
denial. |
| (4) |
Permits issued pursuant
to this authority shall be valid except as otherwise provided herein, from the
date of issuance through mid-night of the expiration date shown on the permit,
unless revoked, suspended or amended. There is no grace period. Failure to
renew a permit within the permit's twelve (12) month life shall result not only
in the expiration of such permit, but also in the holder of such expired permit
having to re-apply for a new permit in order to resume conducting nonconsensual
towing operations after such expiration date. |
| (5) |
Any nonconsensual towing permit obtained
from this Commission shall be posted and kept in a conspicuous place at the
main office of the wrecker service to whom such permit is granted; and copies
of such permits shall be carried in the cab of any wrecker or tow truck
operated under such permit. |
| (6) |
Applications to renew a permit must be submitted on a form designated by the
Commission. Renewal applications should be submitted no sooner than 30 days and
no later than 10 days prior to the expiration date of the permit. |
| (7) |
The Commission may, at any time after
notice and an opportunity to be heard, suspend, revoke, alter, or amend any
permit issued under these rules if it shall appear that the holder of the
permit has violated or refused to observe any of the lawful and reasonable
orders, rules or regulations prescribed by the Commission, any of the
applicable provisions of Title 46 or Title 40 of the Official Code of Georgia,
or any other law of this state regulating or taxing motor vehicles. |
| (8) |
In the event of a change of name or
ownership by the holder of a nonconsensual towing permit (including acquisition
of controlling interest in a corporate entity), application for a new permit
shall be made to the Commission and the old permit surrendered to the
Commission before another permit can be issued to the new owner(s). The
application for a permit by a new owner shall be made in the same manner as for
an original nonconsensual towing permit and the fee shall be the same as for an
original permit. |
| (9) |
Any
nonconsensual permit issued by the Commission shall not be assignable or
transferable to any other person, firm, corporation or other entity. |
| (1) |
Any wrecker service engaged in the
business of providing nonconsensual towing service shall not charge the owner
or operator of any towed motor vehicle more than the maximum rates published in
the "Nonconsensual Towing Maximum Rate Tariff" prescribed by the Commission. No
storage fees shall be charged for the first 24-hour period from the time the
motor vehicle is removed from the property. The fees stated in the maximum rate
tariff shall be all inclusive; no additional fees may be charged for the use of
dollies, trailers, lifts, slim jims or any other equipment or service. Only
charges or rates for storage and removal that are approved by the Commission
and contained in the Commission's Maximum Rate Tariff for Nonconsensual Towing
shall be billed or collected by the wrecker service for towing or storage
services; and it is a violation of this Rule for any wrecker service to bill or
collect fees or charges which are not expressly permitted by such Maximum Rate
Tariff. |
| (2) |
The fees stated in
paragraph (1) above of this rule shall be payable, at the choice of the vehicle
owner or payee, by cash, commonly-recognized travelers checks, money orders,
certified checks or cashier's checks at no additional charge. |
| (3) |
No additional charges shall be assessed
for storage of the vehicle once the vehicle has been claimed and payment is
tendered to the towing company in the amount specified on the receipt and the
vehicle has been removed from the impoundment facility. The receipt issued by
the wrecker or towing service to the customer, and such service's office copy
of such receipt, must reflect all fees collected for the redemption of the
vehicle. |
| (4) |
The Maximum Rate
Tariff will be reviewed annually by the Commission after receiving notification
from towing firms as to their current cost for removal and storage of vehicles
and personal property, and other pertinent information. Wrecker services shall
submit the information described in this subparagraph by October 1 of each
year, or at such other date as may be designated from time to time by the
Commission, to the Commission's Transportation Unit. |
| (5) |
No storage fees may be charged or
collected by any wrecker service or tow truck operator for days on which the
impound lot where a towed vehicle is stored is closed or otherwise unavailable
to the vehicle owner for redemption. |
| (1) |
The operator or driver employed by a
wrecker service summoned to tow away any vehicle from private property, shall
not tow the vehicle away and shall not charge any fee if the operator or owner
of the vehicle returns, and produces the ignition key to the vehicle, and
immediately removes the vehicle from the private property. |
| (2) |
If the vehicle has been hooked with
hoisting apparatus, including wheel dollies, or loaded by the wrecker service
and the vehicle has not left the premises, the vehicle shall be released and
the operator's fee as prescribed in the Maximum Rate Tariff may apply. A
receipt, containing the date and time of the release of the vehicle, total
amount charged, location of the private property, wrecker service's name,
address, and telephone number shall be issued to the owner/operator of the
vehicle. |
| (3) |
Once the wrecker
service has left the location to which it was summoned charges may be assessed
in accordance with the Maximum Rate Tariff. The operator's fee, as described in
paragraph (b), shall not apply in this instance. |
| (1) |
Owners of private property shall be
required to place signs at each designated entrance to a parking lot or parking
area where parking prohibitions apply. Where there is no designated entrance,
such signs shall be posted so as to be clearly visible from each and every
parking space. Such signs shall be a minimum of twelve (12) inches by eighteen
(18) inches with a minimum of ¾ inch lettering. The wording Private
Parking shall be printed in Bold with a minimum of 1½ inch
lettering. |
| (2) |
Such signs located
at a designated entrance to a parking lot shall be at least four (4) feet above
the site grade. Where there is no designated entrance, such signs shall be six
(6) feet above site grade. Posted signs must be free of any natural or man-made
interference and be clearly visible. |
| (3) |
Such signs shall also include the
following language:
| (a) |
A warning that
unauthorized vehicles will be towed; |
| (b) |
Towing company name, address, and
telephone number and impound lot location where towed vehicle may be
retrieved; |
| (c) |
Towing fees and
daily storage fees; |
| (d) |
Hours of
Operation; and |
| (e) |
Method or form
of payment shall be as per vehicle owner choice as specified in Transportation
Rule
515-16-15-.03(2). |
|
| (4) |
No vehicle shall be relocated
from private property which does not, at the time of the tow and for at least
24 hours prior thereto, have signs posted which are in substantial compliance
with the provisions of paragraphs (1) through (3) above. Notwithstanding the
foregoing, the provisions of this section shall not apply to owner(s) of
private residential property containing not more than four (4) residential
units. |
| (5) |
All signs must be
removed from private property within (15) days after the termination of the
contract; or authorization from the property owner, or agent is
withdrawn. |
| (1) |
An attendant must be available at the
impoundment facility to provide reasonable access to any towed vehicle (6) days
of each week. The attendant must be available by phone 24 hours per day. The
attendant shall have the authority to release any impounded vehicle upon the
owner meeting the legal requirements for release. Any person claiming a vehicle
impounded under the nonconsensual towing permit shall produce evidence of such
person's identity and ownership or right of possession and shall pay all towing
charges and storage fees which shall have accrued with respect to the vehicle.
No storage fees will be charged for any days the secure impoundment facility is
closed and the owner is unable to claim the vehicle. |
| (2) |
The vehicle owner, or owner's agent,
shall produce a valid driver's license plus an ignition key which operates the
vehicle, and indicia of ownership such as a certificate of title, a valid and
current registration card, bill of sale, or a lease or rental
contract. |
| (3) |
A receipt listing the
specific charges for towing and storage of the vehicle shall be issued to the
owner or agent claiming the vehicle and the attendant shall retain a copy of
the receipt. The receipt must be signed by the owner or agent claiming the
vehicle and by the attendant. Such receipt shall identify the vehicle and shall
become part of the wrecker service's record. |
| (1) |
Upon impoundment of any vehicle, the
wrecker service shall maintain records, which shall include the following
information:
| (a) |
Date and time of initial
towing; |
| (b) |
Place of initial
towing; |
| (c) |
Date and time of
arrival at the impound lot; |
| (d) |
Date and time of release to the owner; |
| (e) |
Name of the towing company driver and
helper; |
| (f) |
Cost for towing of the
vehicle; |
| (g) |
Cost of storage of the
vehicle; and |
| (h) |
Any other
authorized applicable charges with reference to Commission's Nonconsensual
Towing Maximum Rate Tariff provisions authorizing such fees or
charges. |
|
| (2) |
The records
shall be maintained at a location where any Commission representative may
review in person during normal business hours. Further, all wrecker companies
shall provide a current telephone number of the person responsible for
releasing the vehicles to the Commission. |
| (3) |
All records required by these rules shall
be preserved for a period of three (3) years, unless otherwise specified by the
Commission. |
| (1) |
A wrecker service authorized to conduct
nonconsensual towing by the Commission must maintain a secure storage area for
towed vehicles in the county where the tow operator's office (as listed with
the Commission) is located, unless otherwise authorized by the
Commission. |
| (2) |
The wrecker service
must provide for effective and efficient security for the lot at all times. The
storage lot must be fenced with a minimum of six (6) feet fencing, lighted, and
equipped with a lock or enclosed building. |
| (3) |
Impounded vehicles shall be delivered to
the wrecker service's secure impoundment facility in a timely manner. No
wrecker service shall utilize "drop zones" or leave impounded vehicles at any
impound lot or other location that has not been approved by the Commission for
use by the wrecker service making such tow or removal. |
| (1) |
A wrecker service issued a permit to
conduct nonconsensual towing must maintain a commercial insurance policy or
policies with the minimum liability insurance coverages prescribed by the
Commission and the Federal Motor Carrier Safety Administration on all vehicles
used in its business in intrastate commerce as follows:
| (a) |
Intrastate (origin and destination wholly
within the state) |
| (b) |
Public
Liability and Property Damage Insurance limits as set forth below:
| 1. |
$100,000 limit for bodily injury to or
death of one person |
| 2. |
$300,000
limit for bodily injuries to or death of total persons in one
accident |
| 3. |
$50,000 loss or damage
in any one accident to property of others |
|
|
| (2) |
Garage Keeper's Legal Liability:
| (a) |
Liability insurance, which covers stored
vehicles and contents, must be maintained on the impound or storage lot(s)
sufficient to cover the actual value of all stored vehicles towed or removed to
such lot or storage facility under O.C.G.A. § 44-1-13.
The minimum amount of garage keeper's or storage liability insurance for
coverage of the stored vehicles and contents must be at least
$50,000.00. |
|
| (3) |
A copy
of the Certificates of Insurance must be furnished to the Commission on an
annual basis. A 30-day advance cancellation notice must be provided to the
Commission prior to any such insurance cancellation becoming effective.
Insurance filings with the Commission must be on current forms prescribed by
the Commission. No lapse in insurance coverage will be allowed. |
| (4) |
A permit issued by the Commission is in
effect only while the wrecker service is in the vehicle or vehicles to be towed
compliance with all requirements for filing proof of insurance. |
| (1) |
A wrecker service must maintain normal
business hours and a listed public business telephone number. A wrecker service
may maintain a maximum of two telephone numbers to be called for dispatching
calls. |
| (2) |
All wrecker services
will provide reasonable access to any towed vehicle six (6) days per
week. |
| (3) |
A wrecker service must
maintain proof of registration for each vehicle with the Commission and comply
with the Commission's safety rules and regulations. |
| (4) |
A wrecker service must maintain and
provide to the Commission upon request, a list of all personnel operating
wrecker equipment, as well as a current Motor Vehicle Report on each
driver. |
| (5) |
Drivers must maintain a
valid driver's license of the appropriate class and with the appropriate
endorsements required to operate the wrecker service's vehicles under Georgia
law. |
| (6) |
It shall be unlawful for a
wrecker service to engage in removal of vehicles without an authorized contract
signed by the owner or other authorized agent for property owner and the towing
company in the form prescribed by the Commission. A copy of the contract shall
be made available to the Commission representatives, upon request. The contract
must contain the name, address and phone number of the respective towing
company, and the location of the impoundment facility, hours of operation, and
the cost for removal of the vehicle and the charges for storage of the towed
vehicle. The contract must also contain the names and contact number(s) of the
person(s) authorized to request the removal of a vehicle from said
property. |
| (7) |
For each and every
requested nonconsensual towing movement, on the day the removal takes place,
the real property owner or his contractually-designated agent (1) must place a
telephone call, send a facsimile letter or send an e-mail message to the
wrecker service identifying specifically, and requesting removal of, the
vehicle or vehicles to be towed or removed and (2) must receive an original
written tow authorization or tow bill dated and signed the date of the tow at
the scene of the tow by the real property owner or such property owner's
designated agent specifying the vehicle or vehicles to be towed or removed and
having the name of the signing real property owner or such owner's designated
agent typed or legibly printed below the signature. The wrecker service shall
maintain for three (3) years copies of telephone records, faxes and e-mail
messages requesting removal as proof of the time and date such removal was
requested, as well as the signed authorization for removal from the property
owner or such owner's agent. |
| (1) |
All wrecker
services engaged in transporting vehicles in nonconsensual towing must maintain
a Georgia Department of Revenue cab card with current year's identification
stamp for intrastate carriers, or appropriate registration receipt for
interstate carriers in the cab of each wrecker. |
| (2) |
Each vehicle operating under authority of
a nonconsensual towing permit must carry a copy of the permit in the cab of the
vehicle. The copy shall be presented to any investigator or enforcement officer
of the Commission upon request. |
| (3) |
A Georgia DOT number must be affixed to the outside of the wrecker if the
wrecker is operating within Georgia only. |
| (4) |
If carrier transports vehicles across
state lines (interstate) a USDOT number or United State Motor Carrier (MC)
number must be affixed to the outside of the wrecker. |
| (5) |
All vehicles utilized by the wrecker
companies for nonconsensual towing must be equipped with the following:
| (a) |
Valid registration tag; |
| (b) |
Fire extinguisher; and |
| (c) |
Tow away lamps (tail, stop and turn
signal lights for vehicles being towed), and the name of the wrecker service,
city, and telephone number permanently affixed to both sides. Letters must be
readable at a distance of 50 feet while the vehicle is stationary. |
| (d) |
Augmentation of equipment by an NCT
Carrier must comply with the Motor Carrier Leasing Rules contained in Chapter
515-16-13 of these Rules. |
|
Except to the extent preclude by lower penalties specified in
O.C.G.A. § 44-1-13
or other specific federal or state statutes applicable to a given carrier
conduct, the criminal and civil penalties for violation of this Chapter include
those set forth in O.C.G.A. §§ 46-2-90
through
46-2-93,
46-7-39 and 46-7-90 and in Chapters 515-16-3 and 515-16-10 of these
Transportation Rules; and such penalties ranging as high as $15,000.00 per
violation, plus $10,000.00 per day for each day such violation continues, can
only be imposed by the Commission after notice and hearing, unless the violator
consents in writing to such penalties. Such higher civil penalties are
applicable to those carriers who violate a Commission Order or these
Transportation Rules repeatedly or otherwise demonstrate willful or wanton
refusal to comply with, or disregard for, this Commission's jurisdiction,
Georgia law and these Transportation Rules.
