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IN HB1183
Bill
Status
5/6/2019
Primary Sponsor
Matthew Lehman
Click for details
AI Summary
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Towing services and storage yards must accept payment by cash, certified check, insurance check, or money order, and may charge an inspection fee that must be refunded if the vehicle is released; they must provide itemized receipts, be open during regular business hours, and return all calls within 24 hours.
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Changes the deadline for searching the National Motor Vehicle Title Information System and notifying vehicle owners/lienholders from 72 hours to 3 business days after a vehicle is towed.
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Creates new Article 14 regulating towing services, including restrictions on emergency towing (prohibiting solicitation at accident scenes unless requested), requirements for commercial private property tow-away zones to post conspicuous signage, and mandatory towing of vehicles to storage facilities within 40 miles.
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Towing companies must provide itemized invoices within 1 business day showing all charges including tow cost, daily storage rates, and fees; must retain records for 2 years; and must charge reasonable fees while accepting specified payment methods.
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Violations constitute deceptive consumer acts under IC 24-5-0.5, with the Attorney General authorized to receive and investigate complaints, take enforcement action, and adopt rules including emergency rules to implement the article; effective date is July 1, 2019.
Legislative Description
Towing services. Amends the statute concerning the release of an abandoned motor vehicle that has been towed to a storage yard or towing facility as follows: (1) Provides that a towing service or storage yard may charge an inspection fee for inspections or retrievals from a vehicle. (2) Requires a towing service or storage yard to: (A) provide an itemized receipt upon payment; and (B) meet certain requirements as to: (i) hours of operation; and (ii) receiving and returning telephone calls. Provides that not later than three business days after towing a vehicle a towing company or storage facility must comply with certain statutes relating to abandoned vehicles for giving notice. Requires a towing company to charge reasonable fees. Requires a towing company to provide the owner or operator of a motor vehicle that is about to be towed a written and itemized estimate of all charges and services to be performed by the towing company. Requires a towing company to document and itemize certain fees related to a tow and certain towing services. Specifies certain record keeping requirements for itemized estimates issued by a towing company. Creates a new article in the Indiana Code to establish certain requirements for towing companies that engage in, or offer to engage in, the business of providing towing service in Indiana, including provisions concerning the following: (1) Emergency towing. (2) Private property towing. (3) Releasing towed motor vehicles. (4) Prohibited acts by towing companies and storage facilities. Provides that a person who violates these new provisions commits a deceptive act that is: (1) actionable under; and (2) subject to the penalties and remedies set forth in; the statute governing deceptive consumer sales. Provides that the attorney general: (1) shall receive, and may investigate, complaints alleging violations of the new provisions; and (2) after finding that a violation has occurred, may take appropriate action under the statute governing deceptive consumer sales. Authorizes the attorney general to adopt rules to implement the new provisions.
Last Action
Public Law 281
5/6/2019