In trade and commerce, providing for the offense of unlawful towing and towing storage facility practices; and imposing penalties.
Summary
SB 779 creates a new criminal offense in Pennsylvania for unlawful towing and unlawful practices by towing storage facilities. The bill sets operational requirements for tow truck operators and storage facilities, including maintaining a public street address, properly registering tow trucks with the Department of Transportation, displaying business contact information on vehicles, and posting fees and hours of operation at storage sites.
The bill also regulates conduct at accident scenes and after a vehicle has been towed. It prohibits unsolicited towing, requires written contact information for vehicle retrieval, bars towing operators from conditioning a tow on a repair-or-storage authorization lasting more than 24 hours, and limits when a vehicle may be withheld from its owner or authorized representative. It further requires itemized charges, acceptance of certain payment methods, prohibits storage fees when access is unreasonably denied, and requires access for authorized inspections related to vehicle repairs and appraisals.
Impact
SB 779 would amend Title 18 of the Pennsylvania Consolidated Statutes by adding section 7332, making certain towing and towing-storage practices criminal offenses. It creates summary offenses for basic operational violations and misdemeanor penalties for more serious or repeated misconduct, including fines, possible jail time, and, for repeated violations, impoundment of the tow truck until penalties are paid and compliance is shown. The bill would directly affect tow truck operators, towing storage facilities, motorists involved in accidents, insurers, and law enforcement.
Sentiment
The available voting history indicates strong support for the bill. It was reported out of the Senate Judiciary Committee unanimously, re-reported by Appropriations unanimously, and then passed the Senate 49-1. No committee transcripts were provided, but the near-unanimous votes suggest broad agreement that the bill addresses a consumer-protection problem in towing practices.
Contention
The main policy issue appears to be balancing consumer protection against towing industry practices and operational discretion. The bill targets predatory or coercive towing behavior, such as unsolicited towing at accident scenes, excessive retention of vehicles, and refusal to provide transparent pricing or payment options. Any opposition likely centers on the criminal penalties, the restrictions on when vehicles may be held, and the administrative burden placed on tow operators and storage facilities, though the recorded votes show little formal resistance.
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