HB 925 — Towing; vehicles with expired registration, civil penalty.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E308 An Act to amend and reenact §§ 46.2-1150, 46.2-1231, and 46.2-1232 of the Code of Virginia, relating to towing;

R O [H 925] Approved LApril L2, 2024 Be it enacted by the General Assembly of Virginia:

That §§ 46.2-1150, 46.2-1231, and 46.2-1232 of the Code of Virginia are amended and reenacteEreenacted as follows:

D Nothing in this title shall prohibit towing an unlicensed motor vehicle or motor vehicle which has not been inspected pursuant to Article 21 (§ 46.2-1157 et seq.) or 22 (§ 46.2-1176 et seq.) of Chapter 10 of this title, except for such a time period as required by the provisions of § 46.2-123146.2-1150. or an ordinance created pursuant to the provisions of § 46.2-1232.

NothingTowing incertain this title shall prohibit the towing of an unlicensed trailer or semitrailer used on a construction site as an office or for storage or a trailer or semitrailer which has been used on a construction site as an office or for storage, but which has not been inspected pursuant to ArtHcle 21 of Chapter 10 of this title, provided that any such unlicensed or uninspected trailervehicles. or semitrail9r (i) is vehicles;

Nothing in this title shall prohibit towing an unlicensed motor vehicle or motor vehicle which has not been inspected pursuant to Article 21 (§ 46.2-1157 et seq.) or 22 (§ 46.2-1176 et seq.) of Chapter 10 of this title, except for such a time period as required by the provisions of § 46.2-1231 or an ordinance creNothing in this title shall prohibit the towing of an unlicensed trailer or semitrailer used on a construction site as an office or for storage or a trailer or semitrailer which has been used on a construction site as an office or for storage, but which has not been inspected pursuant to Article 21 of Chapter 10 of this title, provided that any such unlicensed or uninspected trailer or semitrailer (i) is towed by a tow truck or other vehicle designed and equipped for the towing of inoperable or disabled vehicles;

Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of A.parking or other lot or building;

charges.

A.

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.

It shall be unlawful to fail to report such tow as required by this section and violation of the reporting requirement of this reportsection shall limitconstitute thea amounttraffic whichinfraction maypunishable beby chargeda forfine the storage and safekeeping of thenot towedmore vehicleto to an amount no greater than that$100. charged for one day of storage and safekeeping.

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.

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 anytoany the motor vehicle owner whose vehicle is towed, recovered, or stored without his consent.

At the time a of 4 vehicle owner or agent reclaims a towed vehicle, such towing and recovery operator, if located in Planning District 8, shall provide a written receipt that provides a telephone number or website available of 4 for customer complaints.

Notwithstanding the foregoing provisions of this section, for a resident's vehicle parked in the parking lot of a multifamily dwelling unit, for which the parking lot is owned and maintained by the landlord, the towing operator for such parking lotlot, prior to the towing of such vehicle for an expired vehicle registration or expired vehicle inspection sticker, shall post written notice on the vehicle, which shall include the date of posting of such notice, that such vehicle will be towed due to an expired registration or expired vehicle inspection sticker after 48 hours from the date of the posting of such notice and that such vehicle will not be removed or towed until such period of time has passed.

The governing body of any county, city, or town may by ordinance regulate the removal of trespassing vehicles from property by or at the direction of the owner, operator, lessee, or authorized of 4 agent in charge of the property.

In the event that a vehicle is towed from one locality and stored in or released from a location in another locality, the local ordinance, if any, of the locality fromEwhichfrom which the vehicle was towed shall apply.

No local ordinance adopted under authority of this section shall require that any towing and recovery business also operate as or provide services as a vehicle repair facility or body shopRshop, filling of 4 station, or any business other than a towing and recovery business.

photographsC. or other documentary evidence substantiating the reason for the removal;

(ii)Any postsuch signslocal atordinance theirmay mainalso placerequire oftowing business and atrecovery anyoperators otherto location(i) whereobtain towedand vehiclesretain mayphotographs beor reclaimedother Ldocumentary conspicuouslyevidence indicatingsubstantiating (a) the maximumreason charges allowed by local ordinance, if any, for all their fees for towing, recovery, and storage services and (b) the nameremoval; and business telephone number of the local official, if any, responsible for handling consumer complaints;

(iii)(ii) obtainpost signs at thetheir timemain place of business and at any other location where towed vehicles may be reclaimed conspicuously indicating (a) the veEiclemaximum ischarges towed,allowed verbalby approvallocal ofordinance, anif agentany, designatedfor inall their fees for towing, recovery, and storage services and (b) the name and business telephone number of the local ordinanceofficial, whoif isany, availableresponsible atfor allhandling times;consumer complaints;

(iii) obtain at the time the vehicle is towed, verbal approval of an agent designated in the local ordinance who is available at all times;

Such written authorization, if required, shall be in addition to any written contract between the towing and recovery operator and the owner of the property or his agent, except for vehicles being towed from a locality within Planning the District 8 or Planning District 16, which shall not require written authorization if such written contract is in place.

Any such written contract governing a property located within Planning District 8 or Planning District 16 shall clearly state the terms on which towing and recovery operators may monitor prHvateprivate lots on behalf of property owners.

For the purposes of this subsection, "agent" shall not include any person who either (a) is related by blood or marriage to the towing and recovery operator or (b) has a2financiala financial interest in the towing and recovery operator's business.

E D.

Any such ordinance adopted by a locality within Planning District 8 may require towing R companies that tow vehicles from the county, city, or town adopting the ordinance to other localities, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing, (i) to obtain from the locality from which such vehicles are towed a permit to do so and (ii) to submit to an inspection of such towing company'shcompany's facilities to ensure that the company meets all the locality's requirements, regardless of whether such facilities are located within the locality or elsewhere.

Any tow truck driver who removes or tows a vehicle, pursuant to any such ordinance, that is occupied by an unattended companion animal as defined in § 3.2-6500 shall, upon such removal, immediately notify the animal control office of the locality in which the vehicle is being removed or towed.

"Multifamily dwelling unit" does not include any lot within a development created pursuant to the Property Owners' Association Act (§ 55.1-1800 et seq.), any unit within a condominium created pursuant to the Virginia Condominium Act (§ 55.1-1900 et seq.), any apartment within a horizontal property regime created pursuant to the Horizontal Property Act (§ 55.1-2000 et seq.), any unit within a cooperative created pursuant to the Virginia Real Estate Cooperative Act (§ 55.1-2100 et seq.), any time-share unit within a project created pursuant to the Virginia Real Estate Time-Share Act (§ 55.1-2200 et seq.), or any lot within a subdivision created pursuant to the Subdivided Land Sales Act (§ 55.1-2300 et seq.).

Any such local ordinance shall include a provision that requiresrequires, for the towing of a resident's vehicle from a parking lot owned and maintained by the landlord of a multifamily dwelling unit, the towing operator for such parking lotlot, prior to the towing of such vehicle for an expired vehiclethevehicle registration or expired vehicle inspection sticker, to post written notice on the vehicle, which shall of 4 include the date of posting of such notice, that such vehicle will be towed due to an expired registration or expired vehicle inspection sticker after 48 hours from the date of the posting of such notice and that such vehicle will not be removed or towed until such period of time has passed.

If a towing operator fails to post such notice on the vehicle, or does not wait the required period of time prior to removing or requesting the towing of such vehicle, he shall be required to reimburse the resident whose vehicle was towed the value of the charges imposed for the towing, storage, and of 4 safekeeping of the vehicle and he shall also be subject to a civil penalty not to exceed $100.