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2019 SESSION
19102198DBe it enacted by the General Assembly of Virginia:
1. That §§ 46.2-1233.1, 46.2-1233.2, and 46.2-1233.3 of the Code of Virginia are amended and reenacted as follows:
§ 46.2-1233.1. Charges for towing and storage of certain vehicles.
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 Charges
imposed for the towing, storage, and safekeeping of any passenger car removed,
towed, or stored without the consent of its owner shall not
be in excess of the maximum charges provided for in this section. No hookup Hookup
and initial towing fee fees of any passenger car
shall not exceed $150. For towing a
vehicle between seven o'clock 7:00 p.m. and eight o'clock 8:00 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 24 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 24-hour
period. No towing and recovery
business having custody of a vehicle towed without the consent of its owner
shall 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.
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.
§ 46.2-1233.2. Advisory board.
Prior to adopting or amending any ordinance pursuant to §
46.2-1232 or 46.2-1233, the local
governing body shall appoint an advisory board to advise the governing body
with regard to the appropriate provisions of the ordinance. Members of the
advisory board shall only consist of an equal number of representatives of
local law-enforcement agencies and representatives of licensed towing and
recovery operators, and one member of the general public. Any such advisory
board shall meet at least once per year at the call of the chairman of the
advisory board, who shall be elected annually from among the members of the
advisory board by a majority vote. The chairmanship of any such advisory board
for any locality within Planning District 8 shall be for a term of one year and
rotate annually between a representative of a local law-enforcement agency, a
representative of a licensed towing and recovery operator, and one member of
the general public.
§ 46.2-1233.3. Improper towing; penalty.
A. This section shall apply only to tow truck drivers and towing and recovery operators removing a vehicle without the consent of its owner from a location in Planning District 8.
B. In addition to any action brought pursuant to subsection B
of § 46.2-119, any tow truck driver who violates subsection A of § 46.2-118 or
§ 46.2-1217, 46.2-1231, or 46.2-1233.1, or any ordinance adopted therefrom, or any ordinance adopted pursuant to § 46.2-1233,
or any towing or recovery operator who violates subsection B of § 46.2-118 or §
46.2-1217, 46.2-1231, or 46.2-1233.1, or any ordinance adopted therefrom, or any ordinance adopted pursuant to § 46.2-1233,
is subject to a civil penalty of $150 per violation. Such penalty shall be
collected by the Office of the Attorney General, and the proceeds shall be
deposited into the Literary Fund.
2. That § 46.2-1233 of the Code of Virginia is repealed.