The owner, operator, or lessee of any parking lot, parking area, or parking space in a parking lot or area or any part of a parking lot or area, or of any other lot or building, including any county, city, or town, or authorized agent of the person having control of such premises may have any vehicle occupying the lot, area, space, or building without the permission of its owner, operator, lessee, or authorized agent of the one having the control of the premises, removed by towing or otherwise to a licensed garage for storage until called for by the owner or his agent if there are posted at all entrances to the parking lot or area signs clearly and conspicuously disclosing that such vehicle, if parked without permission, will be removed, towed, or immobilized. Such signs shall, at a minimum, include the nonemergency telephone number of the local law-enforcement agency or the telephone number of the responsible towing and recovery operator to contact for information related to the location of vehicles towed from that location. The requirements of this section relating to the posting of signs by an owner, operator, or lessee of any parking lot, parking area or space shall not apply to localities in which the local governing body has adopted an ordinance pursuant to § 46.2-1232.

Whenever a trespassing vehicle is removed or towed as permitted by this section, notice of this action shall forthwith be given by the tow truck operator to the State Police or the local law-enforcement agency of the jurisdiction from which the vehicle was towed. It shall be unlawful to fail to report such tow as required by this section and violation of the reporting requirement of this section shall constitute a traffic infraction punishable by a fine of not more than $100. Such failure to report shall limit the amount which may be charged for the storage and safekeeping of the towed vehicle to an amount no greater than that charged for one day of storage and safekeeping. If the vehicle is removed and stored, the vehicle owner may be charged and the vehicle may be held for a reasonable fee for the removal and storage.

All businesses engaged in towing vehicles without the consent of their owners shall prominently display (i) at their main place of business and (ii) at any other location where towed vehicles may be reclaimed a comprehensive list of all their fees for towing, recovery, and storage services, or the basis of such charges. This requirement to display a list of fees may also be satisfied by providing, when the towed vehicle is reclaimed, a written list of such fees, either as part of a receipt or separately, to the person who reclaims the vehicle. Charges in excess of those posted shall not be collectable from any motor vehicle owner whose vehicle is towed, recovered, or stored without his consent.

Notwithstanding the foregoing provisions of this section, if the owner or representative or agent of the owner of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is actually towed, the trespassing vehicle shall not be towed, but the owner or representative or agent of the owner of the trespassing vehicle shall be liable for a reasonable fee, not to exceed $25 or such other limit as the governing body of the county, city, or town may set by ordinance, in lieu of towing.

In lieu of having a trespassing vehicle removed by towing or otherwise, the owner, operator, lessee or authorized agent of the premises on which the trespassing vehicle is parked may cause the vehicle to be immobilized by a boot or other device that prevents a vehicle from being moved by preventing a wheel from turning, provided that the boot or other device does not damage the vehicle or wheel. The charge for the removal of any boot or device shall not exceed $25 or such other limit as the governing body of the county, city, or town may set by ordinance. In lieu of having the vehicle removed by towing or otherwise, or in lieu of causing the vehicle to be immobilized, the owner, operator, lessee or authorized agent of the premises on which the trespassing vehicle is parked may cause to have an authorized local government official or law-enforcement officer issue, on the premises, a notice of the violation of a parking ordinance or regulation created pursuant to § 46.2-1220 or § 46.2-1221 to the registered owner of the vehicle.

This section shall not apply to police, fire, or public health vehicles or where a vehicle, because of a wreck or other emergency, is parked or left temporarily on the property of another. The governing body of every county, city, and town may by ordinance set limits on fees and charges provided for in this section.

(Code 1950, § 46-541; 1952, c. 352; 1954, c. 435; 1958, c. 541, § 46.1-551; 1978, cc. 202, 335; 1979, c. 132; 1983, c. 34; 1985, c. 375; 1987, cc. 147, 152, 332; 1988, cc. 471, 701; 1989, c. 727; 1990, c. 502; 1991, c. 221; 1993, c. 394; 1994, c. 619; 2003, c. 305; 2006, cc. 874, 891.)

A. Unless different limits are established by ordinance of the local governing body pursuant to § 46.2-1233, as to vehicles towed or removed from private property, no charges imposed for the towing, storage, and safekeeping of any passenger car removed, towed, or stored without the consent of its owner shall be in excess of the maximum charges provided for in this section. No hookup and initial towing fee shall exceed $125. For towing a vehicle between seven o'clock p.m. and eight o'clock a.m. or on any Saturday, Sunday, or holiday, an additional fee of no more than $25 per instance may be charged; however, in no event shall more than two such fees be charged for towing any such vehicle. No charge shall be made for storage and safekeeping for a period of twenty-four hours or less. Except for fees or charges imposed by this section or a local ordinance adopted pursuant to § 46.2-1233, no other fees or charges shall be imposed during the first twenty-four-hour period.

B. The governing body of any county, city, or town may by ordinance, with the advice of an advisory board established pursuant to § 46.2-1233.2, (i) provide that no towing and recovery business having custody of a vehicle towed without the consent of its owner impose storage charges for that vehicle for any period during which the owner of the vehicle was prevented from recovering the vehicle because the towing and recovery business was closed and (ii) place limits on the amount of fees charged by towing and recovery operators. Any such ordinance limiting fees shall also provide for periodic review of and timely adjustment of such limitations.

(1990, c. 266; 1993, c. 598; 2006, cc. 874, 891.)

§ 43-32, 43-34, 46.2-100, 46.2-649.1, 46.2-1028, 46.2-1070, 46.2-1150, 46.2-1209, 46.2-1217, 46.2-1224, 46.2-1231, 46.2-1232, 46.2-1233.1, 46.2-1233.2, and 46.2-2100 amended; §§ 46.2-2800 through 46.2-2828 added.

Tow trucks; towing and recovery operators; local-option regulations; regulation by Board for Towing and Recovery Operators; civil penalty. Allows a mechanic's lien for "towing, storage, and recovery" in addition to the present "keeping, supporting, and care"; increases the present three-day limit for garage keepers to obtain vehicle data from the DMV and provides written notice to the owner of the stored vehicle to a seven-day limit; raises the so-called "junk car" threshold from the present $5,000 to $7,500; and increases from $25 per day to $50 per day the amount owed for storage if a vehicle is towed, unclaimed, and sold.

The bill also revises the procedures by which towing and storage companies may seek to recover their fees and charges for towing away and storing immobilized and abandoned vehicles.

In addition, it provides that local towing regulations can be no less restrictive than those imposed by the new Board for Towing and Recovery Operators. The measure also expands localities' ability to regulate "trespass tows" by ordinance and provides that, in the event a vehicle is towed from one locality to be stored in another, the ordinances of the locality from which the vehicle was towed shall apply.

The bill also provides for the so-called "secondary tow." When a vehicle is towed as the result of a police-towing request, the owner of the towing and recovery business, upon presentation of a written request from the owner of the vehicle and payment in full for all towing, recovery, and storage charges, shall release the vehicle for the purpose of inspecting or towing the vehicle to another location for repair, storage, or disposal. As for payment, all towing and recovery businesses shall accept cash, insurance company check, certified check, money order, at least one of two commonly used, nationally recognized credit cards, or any additional methods of payment approved by the Board.

The bill also requires that signs used to provide notice that a trespassing vehicle will be towed include at least the nonemergency telephone number of the local law-enforcement agency or the telephone number of the towing and recovery business authorized to perform the tows. The bill also prohibits local requirements that towing and recovery businesses provide service as repair facilities, body shops, or filling stations. Under this measure, localities would be authorized by ordinance to require photographic evidence to justify "trespass tows," posting of signs providing notice of where towed vehicles may be reclaimed and the name and telephone number of the local consumer affairs office, and obtaining the so-called "second signature" from the property owner agent prior to tows. The bill additionally prohibits certain relationships between towing and recovery businesses and the agents of property owners from whose property trespassing vehicles are towed. The maximum allowable hookup and initial towing fee for trespass tows of passenger cars would be increased from $85 to $125, unless local ordinance sets a different limit, and the amount of additional fees for late night, weekend, and holiday tows would be raised from $10 to $25 not to exceed $50. The bill allows local governments, by ordinance, to (i) prohibit storage charges for periods of time when owners cannot reclaim their vehicles because the towing and recovery business is closed and (ii) place caps on the charges that these businesses may impose and requires that any such limits be subject to "periodic and timely" adjustments. Local towing and advisory boards would be required to consist of an equal number of representatives of local law-enforcement agencies and representatives of towing and recovery operators, plus one "civilian" and would have to meet at least once per year at the call of the chairman, who is to be chosen annually by a majority vote of the board.

Finally, the bill establishes a new Board for Towing and Recovery Operators to license and regulate the towing and recovery industry and tow truck drivers. HB 1258; CH. 874/SB 134; CH. 891.

(a)   In any instance in which a person authorized by Virginia Code § 46.2-1231 removes by towing or otherwise a trespassing vehicle from his or her parking lot, parking area, or parking space in a parking lot, the action will be lawful only if the parking lot, parking area, or parking space in a parking lot is posted with a sign or signs as required by this section.

(b)   This section establishes minimum standards designed to provide fair warning to drivers. However, in every instance, a clear and conspicuous sign, clearly visible and readable from each and every entrance, is required. In any specific circumstance where compliance with the minimum standards set forth below will not, in fact, provide a clear and conspicuous warning to all drivers, then additional signage is required.

(c)   At a minimum, the owner shall post at least one (1) sign at each entrance to the lot or area from a public right of way, meeting the following standards:

(1)   Minimum size of text area of sign: 18" by 24"

(2)   Minimum size of lettering: 1 1/2"

(3)   Height at bottom of sign: 4' to 7' above grade

(4)   Color of sign: Red print against a white, reflective background.

The words, "towing enforced" or "24 hour towing enforced" shall be in reverse color scheme.

(5)   Wording: The wording of the sign shall clearly communicate that the lot or area is private or reserved parking, or that no parking is allowed if appropriate. Either the words "towing enforced" or the towing enforced icon shall appear on the sign. For any parking lot where trespassing vehicles are towed on a 24-hour basis, the sign shall clearly state "24 hour towing enforced."

(d)   (1)   Where a parking lot or area contains both spaces that are available for public parking and reserved spaces, the owner of the lot or area shall clearly identify each reserved space.

(2)   At least one above-grade sign, meeting the requirements set forth above, shall be posted at the entrance to or within the parking lot or area, in a position conspicuous to every driver entering an area where reserved parking spaces exist.

(3)   Each reserved space shall be so designated by either an above-grade sign or by wording painted in six inch or larger lettering with white or yellow paint on the surface of the space. The sign or lettering shall identify the person or class of persons for whom the space is reserved, for example, "reserved for store A's customers," "residents only," or "guests only." In any case where lettering on the pavement is used, the lettering shall be maintained so that it is clearly legible.

(4)   No vehicle shall be towed from a space without above-grade signage if snow or some other material obstructs the driver's view of the wording painted on the surface.

(5)   The pavement lines delineating each reserved parking space shall be clearly different in color from the lines delineating the parking spaces available for public parking.

(e)   Additional signage, including area signs, is required when, due to the angle of the entrance sign, the grade of the road compared to the grade of the lot or area, the angle of the entrance driveway, or other circumstances, the entrance sign is not clearly visible to all drivers entering the parking lot/area from a public right-of-way.

(f)   For the purposes of this section, the term "owner" shall include the operator or lessee of any parking lot/area, or the authorized agent of the person having control of the premises.

(1)   The terms of Virginia Code § 46.2-1231 shall apply whenever a trespassing vehicle is parked within a parking lot/area posted in accordance with this section.

(Ord. No. 1267, § 2, 4-10-01)

(a)   It shall be unlawful for any tow truck service or operator to tow or otherwise remove a vehicle from any private parking lot or parking area, without the owner's permission, unless the lot or area is properly signed in accordance with Virginia Code, 1950, as amended § 46.2-1231, or successor section.

(b)   If the owner or custodian of any vehicle not authorized to be parked in a private parking area returns after a tow truck service has arrived but before the vehicle actually has been towed, he or she may reclaim the vehicle whether or not it is fully hooked up to the tow truck, and it shall be unlawful for the tow truck service or operator to refuse to release the vehicle. However, if the vehicle has been hooked up, or is in the process of being hooked up, the tow truck operator may charge a fee not to exceed twenty dollars ($20.00) before releasing the vehicle or discontinuing the towing process. The process of hooking up shall be defined as (i) the removal and/or unreeling of any towing equipment from the tow truck after the truck is positioned to effect the tow, whether or not the equipment has been attached to the vehicle, or (ii) the lowering of a hydraulically-operated lift in preparation for loading the vehicle.

(c)   If the owner or custodian is unable or refuses to pay the fee set forth in subsection (b) above, the vehicle may be towed and the tow truck service may charge its basic fee for the tow. Whenever a vehicle is towed under these circumstances, the tow truck operator shall permit the owner or custodian to remove personal items from the vehicle prior to the tow.

(d)   No tow truck operator shall request payment of the fee set forth in subsection (b) above or tow any vehicle thereafter if the charge is not paid unless he or she shall first provide to the owner or custodian of the vehicle a copy of the rights and responsibilities statement set forth below. The tow truck operator, upon receiving such payment, shall provide to the owner or custodian a legible receipt containing the name of the towing service, the date, time and place of vehicle release, and the initials of the tow truck operator. A copy of the receipt shall be retained by the tow truck service for a period of one (1) year and shall be made available for inspection by town police during the normal business hours of the tow truck service.

(e)   Payment of the fee set forth in subsection (b) above may be made by any method accepted by the tow truck service or operator in satisfaction of towing charges.

(f)   Notwithstanding any provision of this section to the contrary, if a police officer determines that a vehicle is needed as evidence in a criminal matter, or concludes that, based upon surrounding circumstances, the failure to release a vehicle is likely to result in a disturbance of the public peace and good order, such officer may order release of the vehicle without immediate payment by the owner or custodian thereof the fee set forth in subsection (b) above; provided, however, that nothing herein shall preclude a tow truck service or operator from civilly pursuing payment of such fee at a later date from the owner or custodian of the vehicle.

(g)   The provisions of Virginia Code, 1950, as amended § 46.2-1231 or successor section, shall be operative within the town, as clarified by this section.

(h)   The rights and responsibilities statement referred to in subparagraph (d) above shall be printed legibly and read as follows:

Rights and Responsibilities of the Owner or Custodian of a Trespassing Vehicle

(1)   A private parking lot must have a sign clearly stating that trespassing vehicles will be towed, and the sign must be posted at each entrance to the parking lot.

(2)   A trespassing vehicle in a properly signed parking lot may be towed without the owner's consent.

(3)   If you reclaim your vehicle before it is actually towed, the tow truck operator must release your vehicle to you.

(4)   However, if the tow truck operator has:

(a)   removed or unreeled towing equipment from the tow truck, or

(b)   lowered a hydraulic lift to prepare to tow your vehicle, or

(c)   hooked up your vehicle to the tow truck

then you must pay a maximum fee of $20.00 in order to reclaim your vehicle. If you cannot pay this fee, then the tow truck operator is authorized to tow your vehicle. You may remove your personal belongings from the vehicle before it is towed away.

(5)   The tow truck operator must accept payment of the $20.00 fee in any form which would be accepted for a full tow.

(6)   If you are able to pay the $20.00 fee, then the tow truck operator must give you a receipt showing the name of the towing company, the date, time and place of your vehicle release, and the initials of the tow truck driver.

(Ord. No. 1207, § 1, 3-9-99; Ord. No. 1267, § 1, 4-10-01)

TOWING ORDINANCE SUMMARY

12-800 Definitions

Defines the terms "custodian," "decal-controlled parking area," "operator," "tow truck service" and "tow truck service storage yard".

12-801 Applicability of Article

(1) Applies to tows from privately owned lots/property at request of owner of property without consent of vehicle owner.

(2) Applies to vehicles towed from Blacksburg, even if stored/released in another locality.

(3) Exempts public safety vehicles or vehicles when left temporarily because of wreck or emergency.

12-802 Violations

(1) Each day a violation continues constitutes a separate violation.

(2) Violations are a Class 2 misdemeanor (punishable by up to six months in jail or a $1,000 fine, or both).

12-803 Sign Requirements

(1) Sets out where signs must be posted, and specific wording for signs

(2) The size and appearance of the signs is specified.

(3) If towing occurs on a 24-hour basis, it must be stated on the sign or in a separate sign.

(4) Vehicles may be towed from fire lanes on private property if properly posted.

(5) Violation of ordinance to tow vehicles from property that doesn't have proper signs.

12-804 Identification of Tow Trucks

(1) Trucks to display name, address, telephone number on both sides.

(2) Identification information to be in reflectorized letters at least 2" in height.

12-805 Release of Vehicle to Owner/custodian Prior to Tow

(1) Owner/custodian of vehicle may reclaim before tow whether or not fully hooked up if vehicle is still in the private parking area; if hooked up or in process, tow service may charge drop fee not to exceed $25.

(2) If owner/custodian cannot or refuses to pay drop fee, vehicle may be towed and basic fee charged; personal items may be removed from vehicle.

(3) Copy of § 12-805 must be provided to owner/custodian by tow truck operator when drop fee requested; upon payment, owner/custodian provided with itemized receipt; copy of receipt retained by tow service 1 year and made available for police inspection.

(4) Police may order vehicle release without immediate payment under certain circumstances (e.g., vehicle needed as evidence in a criminal case).

12-806 Police Notification

(1) Police dispatcher to be notified with specifics of tow/vehicle information no later than 30 minutes after tow.

(2) Tow truck service must relinquish vehicle to police without fees if notified by dispatcher/law enforcement officer that vehicle is subject to seizure.

(3) Failure to report constitutes traffic infraction punishable by fine not more than $100; in such case, the storage charge is limited to no greater than 1 day of storage.

12-807 Charges for Towing and Storage; Receipt Required

(1) Maximum fees

11,000 pounds or less - $100

11,001 pounds or more - $285

No extra fees for use of dolly, rollback or winching.

(2) No charge for storage for initial 24 hours; no more than $20 per 24-hour period or portion thereof after initial 24-hour period; delays caused by storage yard personnel not included when computing charges.

(3) If vehicle not redeemed within 7 days, additional fee not to exceed $50 may be charged for cost of search for registered owner/lienholder of vehicle.

(4) No extra fee for mileage, or towing between 7:00 p.m. and 8:00 a.m., or towing on Saturday, Sunday or holidays, or any other fee in addition to basic towing fee.

(5) Payment to be accepted by cash, insurance company check, certified check, money order and at least 1 of 2 nationally recognized credit cards; change provided up to $100 for cash payments.

(6) Itemized receipt must be provided; copy to be retained by tow service for 1 year; receipts shall be available for inspection by police.

(7) Fees to be reviewed annually by towing advisory board; adjusted as necessary to reflect market conditions.

12-808 Requirements for Storage Yard

(1) Prominently displayed sign at least 24 inches in height and width specifying towing and storage fees.

(2) If attendant not on duly 24/7, sign must contain telephone contact information for manager/owner to facilitate reclamation of vehicle in minimum amount of time not to exceed 2 hours.

(3) Reasonable security and protection must be provided, including illumination during hours of darkness, as well as fence enclosure if no 24/7 attendant/security guard.

(4) During hours of darkness, illuminated area must be provided to enable owner/custodian to inspect vehicle prior to removal from storage yard.

(5) Tow truck service yard must be in full compliance with sign, security and lighting requirements and all applicable zoning regulations, licensing requirements and use permits.

12-809 Tow Truck Service Operator's Log; Documentation of Reasons for Tow

(1) Within 30 minutes of hook-up, operator must make a record including make of model, year, vehicle ID (if known), license number, state, time, date and place of tow, name of tow truck operator; record to be retained for 1 year and be made available for inspection by police.

(2) Tow operator to make and retain photos or video recordings of vehicle in the location from which towed, the condition of the vehicle prior to tow and (to the extent available) other documentary evidence substantiating reasons for tow.

(3) Photos shall be digital or instant.

(4) Owner of vehicle towed entitled to view photos/video records without charge during normal business hours; tow truck service may charge reasonable costs for reproducing the photos or videos.

12-810 Miscellaneous Prohibited Acts by Tow Truck Service or Operator

Except when acting as an agent in the legal repossession of a vehicle, a tow truck service or operator shall not:

(1) Tow a vehicle from a public street without consent of owner/custodian or authorization from police officer or other designated town official.

(2) Block movement of or tow or move a vehicle from a private road, driveway, or private land without the owner.s consent unless

(a) vehicle is parked in a designated decal parking space and is not displaying a decal or authorization issued by owner of parking area

(b) vehicle is parked in a designated parking space of a non-decal controlled parking area when business is open and written consent of parking area owner is obtained prior to tow

(c) vehicle is parked in non-decal controlled parking area when business is closed and towing is enforced 24-hours/day by such business

(d) vehicle is parked on any portion of parking area blocking ingress or egress to parking area, or access to dumpster or properly marked service or delivery area; or parked in area not specifically designated for parking.

No vehicle may be towed without a written contract between the tow truck service and the owner/lessee of the parking area (copy of contract to be in possession of tow truck operator) and compliance with all signage requirements.

(3) Block vehicle, other than when on tow truck service property, to prevent movement by owner/custodian.

(4) Wait for employment by standing or parking on public property.

(5) Tow or move vehicle utilizing uninsured tow truck.

(6) Provide false information to police dispatcher concerning towed vehicle.

(7) Require owner/custodian to wait more than 2 hours for release of vehicle.

(8) Move towed vehicle to an intermediate place of storage unless specifically requested by owner/custodian.

(9) During initial 24-hour period and upon owner/custodian request, deny/prevent access to vehicle for removal of personal items; after initial 24-hour period refuse to allow access to vehicle once a day between 8:00 a.m. and 5:00 p.m.

(10) Assess or collect a charge or fee in excess of or in addition to fees authorized.

(11) Fail to provide receipt.