This section refers specifically to the laws of various countries regarding the towing of a car or truck by a specialty wrecker or tow truck. The towing sector is known to have substantial potential for abuse, as towing most often occurs in difficult situations, with the person requiring towing having only a small number of towing companies to choose from. In addition, in certain situations, towing operators may initiate a towing procedure that is unwarranted, and the owner of the towed vehicle may be forced to make a payment to the operator before the vehicle is released. Various customer protection laws have been enacted by many jurisdictions to protect the public from predatory towing or predatory towing charges. Other laws may govern training and licensing of tow truck operators and businesses, safety equipment, safe practices, and special permits for operating on certain roadways or in certain areas.
Towing law in the United States In the United States, several states have laws that regulate the circumstances under which a car may be towed. Some of these laws are designed to prevent "predatory towing" whereby a legally parked vehicle is towedor an illegally parked vehicle is towed by a towing operator unaffiliated with the parking facility (private or public)to charge high fees from the car owner. Even when the predatory tow is stopped, if the vehicle is already hooked up to the tow truck in any fashion, the car is essentially disabled until the operator releases it, and the operator can therefore extort money from the towed car's owner. Even where towing is performed legally, and even with the car owner's request for a tow, the towing company gains physical possession of the vehicle. The towing fees may be unexpectedly high in the absence of regulation. In some jurisdictions,
kidnapping laws may ban the towing of occupied vehicles. The majority of US states require additional mirrors for vehicles that tow something behind them. The requirements and regulations differ from state to state. In general, towing mirrors are an addition to the factory-installed vehicle mirrors, which allow seeing farther. The standard mirrors are designed to reflect what is behind the vehicle, and when a trailer is towed, they reflect the trailer. Larger mirrors with a greater viewing angle are required to see anything behind the trailer. There are three main types of towing mirror: • Permanently mounted mirrors. They screw into the fender or door of the vehicle and remain in place. • Clip-on mirrors. They mount right on the OE mirror by means of a plastic housing, that completely envelopes the mirror that is on the vehicle. • Extension mirrors. This type of mirror is mounted to the OE mirror with the help of a bar, which is clipped onto the edge of the plastic mirror housing.
Arizona Some laws ensure the public receive ethical and fair business practices as in the private towing companies utilized by
Arizona Department of Public Safety.
California California law requires the tow company to immediately and unconditionally release a vehicle if the driver arrives prior to it being towed from the private property and in transit. The intent was to avoid the likelihood of dangerous and violent confrontation and physical injury to vehicle owners and towing operators, the stranding of vehicle owners and their passengers at a dangerous time and location, and impeding expedited vehicle recovery, without wasting law enforcement's limited resources.
Illinois In October 2008,
McHenry County, Illinois rescinded an earlier decision to put the Illinois Commerce Commission in charge of towing, in an effort to address "predatory towing".
Massachusetts Massachusetts regulations sets the maximum towing charge for non-commercial vehicles at $108 in addition to $35 for every day the vehicle is held in storage. Vehicles may only be towed from private property with the vehicle owner's permission or if the property owner provides in writing to the local police the address to which the vehicle will be towed.
Maryland Maryland towing sector representatives testified to a state task force in October 2008 that nearly all complaints are the fault of "gypsy towers" and "snatch-and-grabbers".
New Jersey Some limited-access highways, especially the
Garden State Parkway and the New Jersey Turnpike, require specially designated towing businesses to be the only tow operators on them. This is to allow for better traffic flow and safety, as not all tow operators are familiar with the roads, access points and turnaround points, road construction quirks, and methods to quickly and safely remove disabled cars from the roadway. There is also the concern of arrival delay; the roadway authorities wish to avoid out-of-area tow companies, as the delay for arriving from distant locations increases the length of traffic delays in time and distance.
Oregon Oregon law requires that the tower release a vehicle at no charge only if the driver is present prior to the hookup being complete. The tower must also take at least one photograph of the vehicle and record the time and date of the photograph. The photograph must show the vehicle violation which prompted the tow.
Virginia Virginia and its municipalities have enacted anti-"predatory towing" legislation. Some features of the legislation include the requirement to post warning signs at all entrances, setting maximum fees for towing and storage, and requiring photographs to be taken before towing to show the condition of the vehicle as well as the lawfulness of the towing.
Towing law in Australia All
Australian States have laws which regulate towing companies, particularly those which engage in towing light and heavy vehicles involved in road accidents.
Queensland The
Tow Truck Regulation 2009 is the legislation in
State of Queensland which governs accident towing in regulated areas of the state. It includes economic governance, occupational safety and general customer protection. In April 2013, the Queensland Government approved amendments to the Police Powers and Responsibilities Act 2000, regarding motor vehicle impoundment with the aim of improving road safety. On November 1, 2013,
State of Queensland the amended legislation commenced as the countries toughest anti-hooning laws. From May 1, 2014, Australian towing company Tow.com.au was contracted by the Queensland Police Service as the exclusive provider of towing and impoundment relating to hoon type 1 and type 2 offences in the
State of Queensland.
Victoria The
Accident Towing Services Act is the prime statute for towing companies in the
State of Victoria. It includes economic governance, occupational safety and general customer protection. First, the statute restricts the number of accident towing vehicles across the State and also contains a scheme regulating the orderly allocation of
tow trucks to road accident sites. Second, the act sets minimum standards on the character of towing company employers and also regulates the behaviour of participants once they enter the field. The framework of offences in the act broadly seeks to give practical effect to the "
chain of responsibility" concept in the accident towing sector. The concept seeks to identify the sector parties who are in a sufficient position of control over risks, in this case potentially unsafe and unethical conduct following road accidents, and to allocate responsibility through
law accordingly to deter and punish those behaviours. The behavioural controls in the Act cover a wide range of activities and practices including the allocation of tow trucks to accident sites in "controlled areas" and conduct at road accident sites and during post accident repair work. The scheme was broadly prompted by
customer protection sentiment, in particular, the recognition of the vulnerability of road accident victims. Care was evident during development of the scheme to maintain and enhance existing character standards in the sector due to past behavioural issues in
Victoria including the infiltration of criminal elements into some areas and conflict at accident scenes. In broad terms, the Accident Towing Services Act regulates accident towing companies in
Victoria by: • establishing a licensing scheme for the tow trucks which provide accident towing services • requiring the accreditation of operators of accident towing service businesses and managers of the depots from which accident tow trucks operate • requiring the accreditation of accident tow truck drivers • establishing requirements and protections relating to the storage and repair of motor vehicles following road accidents. == Aircraft ==