Pennsylvania Legislation Targets Predatory Towing Practices: What Carriers Need to Know
Pennsylvania Legislation Targets Predatory Towing Practices: What Carriers Need to Know
A flurry of legislative activity accompanied the final push to complete Pennsylvania's state budget this past weekend. Among the bills approved by the General Assembly was Senate Bill 779, legislation aimed at curbing predatory towing practices and establishing new statewide standards for towing companies and storage facilities.
A roadside breakdown or crash is stressful enough without having to worry about excessive towing charges, hidden fees, or difficulty retrieving a vehicle. Senate Bill 779, sponsored by Senator Joe Picozzi, received overwhelming bipartisan support in both the House and Senate and now awaits the Governor's signature.
While the legislation applies to all motorists, it may be especially significant for commercial carriers, whose trucks and trailers can incur substantial towing and storage charges following a breakdown or crash. If signed into law, the bill would create new criminal offenses for operators who fail to meet its requirements and establish important new protections and clearer expectations for what should happen after a vehicle is towed.
New Requirements for Towing Companies
If enacted, the legislation would require towing companies and towing storage facilities to:
- Maintain a physical business location that is accessible to the public during posted business hours.
- Ensure each tow truck displays the company's name, address, and telephone number.
- Clearly post towing, storage, related service fees, and hours of operation at the storage facility.
- Provide a driver or vehicle owner who is present with written information explaining where the vehicle has been taken and how it can be retrieved.
- Provide an itemized written statement of all charges upon request.
- Accept payment by cash, major credit card, or an insurance company check.
These requirements are intended to improve transparency and ensure vehicle owners understand where their equipment has been taken, what it will cost to retrieve it, and how those charges are calculated.
Practices the Bill Would Prohibit
The legislation would also prohibit several practices that have generated complaints from commercial vehicle operators and other motorists.
Among other things, towing companies could not:
- Respond to a scene and undertake a tow unless requested by the vehicle owner or operator, law enforcement, or other authorized municipal personnel.
- Require a vehicle owner to authorize repairs or storage for more than 24 hours as a condition of towing the vehicle.
- Refuse to release a vehicle during posted business hours unless law enforcement has specifically requested that it be held.
- Refuse to provide an itemized invoice.
- Refuse to post or provide towing and storage fees.
- Charge storage fees for periods during which access to the vehicle has been unreasonably denied.
- Refuse to permit inspections authorized under Pennsylvania law.
If the Bill Becomes Law: What Carriers Should Expect
Whether you're based in Pennsylvania or simply passing through the Commonwealth, Senate Bill 779 would establish clear expectations for what should happen after your vehicle is towed. If signed into law, you should expect:
- The tow truck to be clearly identified with the company's name and contact information.
- Written information telling you where your vehicle has been taken.
- Posted towing and storage rates.
- An itemized bill explaining every charge.
- Multiple accepted forms of payment, including major credit cards.
- Access to retrieve your vehicle during the facility's posted business hours unless law enforcement has directed that the vehicle be held as part of an investigation.
If you believe a towing company is violating these requirements after the law takes effect, document the situation carefully. Request an itemized invoice, photograph any posted—or unposted—fee schedules, retain all receipts and paperwork, and contact local law enforcement if you believe the new criminal provisions have been violated. Carriers should also notify their insurance company and consider consulting legal counsel if a dispute cannot be resolved.
Stronger Enforcement
If enacted, the legislation would incorporate these requirements into Pennsylvania's Crimes Code, giving state and local law enforcement clearer authority to address violations. Repeat offenders could face substantial civil penalties, and in certain cases law enforcement would have the authority to impound a tow truck until the operator satisfies the penalties imposed and demonstrates compliance as required by the courts.
The legislation would take effect 150 days after it is signed by the Governor.
PMTA supported the legislation because it promotes transparency, accountability, and fair business practices while helping protect motor carriers from abusive towing practices. The Association will continue monitoring the bill as it awaits the Governor's consideration and will keep members informed of any further developments.