Bill Text: OH HB382 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: To revise the procedures and penalties governing the towing of motor vehicles and to require the Public Utilities Commission to adopt certain rules regarding a for-hire motor carrier engaged in towing.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-03-20 - To State Government Oversight & Reform [HB382 Detail]

Download: Ohio-2013-HB382-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 382

Representatives Duffey, Bishoff 

Cosponsors: Representatives Adams, J., Terhar, Becker, Dovilla, Grossman, Henne, Hood, Mallory, Fedor, Ramos, Blessing, Heard, Hagan, R., Young, Barborak, Conditt, Sheehy, Anielski, Antonio, Beck, Blair, Boyce, Brown, Buchy, Burkley, Carney, Driehaus, Foley, Gerberry, Green, Huffman, Letson, Milkovich, Phillips, Pillich, Rogers, Schuring, Slesnick, Smith, Stinziano, Winburn Speaker Batchelder 

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A BILL

To amend sections 4513.60, 4513.61, 4513.64, 4921.25,

1

and 4923.99 and to enact sections 4513.601,

2

4513.602, 4513.67, 4921.251, and 4921.252 of the

3

Revised Code to revise the procedures and

4

penalties governing the towing of motor vehicles

5

and to require the Public Utilities Commission to

6

adopt certain rules regarding a for-hire motor

7

carrier engaged in towing.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4513.60, 4513.61, 4513.64, 4921.25,	9
and 4923.99 be amended and sections 4513.601, 4513.602, 4513.67,	10
4921.251, and 4921.252 of the Revised Code be enacted to read as	11
follows:	12

Sec. 4513.60.  (A)(1) The sheriff of a county or chief of	13
police of a municipal corporation, township, or township or joint	14
police district, within the sheriff's or chief's respective	15
territorial jurisdiction, upon complaint of any person adversely	16
affected, may order into storage any motor vehicle, other than an	17
abandoned junk motor vehicle as defined in section 4513.63 of the	18
Revised Code, that has been left on private residential or private	19
agricultural property for at least four hours without the	20
permission of the person having the right to the possession of the	21
property. The sheriff or chief of police, upon complaint of the	22
owner of a repair garage or place of storage, may order into	23
storage any motor vehicle, other than an abandoned junk motor	24
vehicle, that has been left at the garage or place of storage for	25
a longer period than that agreed upon. The place of storage shall	26
be designated by the sheriff or chief of police. When ordering a	27
motor vehicle into storage pursuant to this division, a sheriff or	28
chief of police, whenever possible, shall arrangedo both of the	29
following:	30

(a) Arrange for the removal of the motor vehicle by a private	31
tow truck operator or towing company. Subjectservice; and	32

(b) Designate a place of storage that meets all of the	33
following requirements:	34

(i) It is conveniently located.

35

(ii) It is on or within a reasonable distance of a regularly	36
scheduled route of one or more modes of public transportation, if	37
any public transportation is available in the municipal	38
corporation or township in which the motor vehicle is located at	39
the time of removal.	40

(iii) It accepts major credit cards for the payment of the	41
applicable fees.	42

(2) A towing service towing a motor vehicle under division	43
(A)(1) of this section shall remove the motor vehicle in	44
accordance with that division and in accordance with applicable	45
rules of the public utilities commission adopted under section	46
4921.25 of the Revised Code. The towing service shall deliver the	47
motor vehicle to the location designated by the sheriff or chief	48
of police not more than two hours after the time it is removed	49
from the private property.	50

(3) Subject to division (C)(B) of this section, the owner of	51
a motor vehicle that has been removed pursuant to this division	52
may recover the vehicle only in accordance with division (E)(D) of	53
this section.	54

(2) Divisions (A)(1) to (3) of this section do not apply to	55
any private residential or private agricultural property that is	56
established as a private tow-away zone in accordance with division	57
(B) of this section.	58

(3)(4) As used in divisions (A)(1) and (2) of this section,	59
"private residential property" means private property on which is	60
located one or more structures that are used as a home, residence,	61
or sleeping place by one or more persons, if no more than three	62
separate households are maintained in the structure or structures.	63
"Private residential property" does not include any private	64
property on which is located one or more structures that are used	65
as a home, residence, or sleeping place by two or more persons, if	66
more than three separate households are maintained in the	67
structure or structures.	68

(B)(1) The owner of private property may establish a private	69
tow-away zone only if all of the following conditions are	70
satisfied:	71

(a) The owner posts on the owner's property a sign, that is	72
at least eighteen inches by twenty-four inches in size, that is	73
visible from all entrances to the property, and that contains at	74
least all of the following information:	75

(i) A notice that the property is a private tow-away zone and	76
that vehicles not authorized to park on the property will be towed	77
away;	78

(ii) The telephone number of the person from whom a	79
towed-away vehicle can be recovered, and the address of the place	80
to which the vehicle will be taken and the place from which it may	81
be recovered;	82

(iii) A statement that the vehicle may be recovered at any	83
time during the day or night upon the submission of proof of	84
ownership and the payment of a towing charge, in an amount not to	85
exceed ninety dollars, and a storage charge, in an amount not to	86
exceed twelve dollars per twenty-four-hour period; except that the	87
charge for towing shall not exceed one hundred fifty dollars, and	88
the storage charge shall not exceed twenty dollars per	89
twenty-four-hour period, if the vehicle has a manufacturer's gross	90
vehicle weight rating in excess of ten thousand pounds and is a	91
truck, bus, or a combination of a commercial tractor and trailer	92
or semitrailer.	93

(b) The place to which the towed vehicle is taken and from	94
which it may be recovered is conveniently located, is well	95
lighted, and is on or within a reasonable distance of a regularly	96
scheduled route of one or more modes of public transportation, if	97
any public transportation is available in the municipal	98
corporation or township in which the private tow-away zone is	99
located.	100

(2) If a vehicle is parked on private property that is	101
established as a private tow-away zone in accordance with division	102
(B)(1) of this section, without the consent of the owner of the	103
property or in violation of any posted parking condition or	104
regulation, the owner or the owner's agent may remove, or cause	105
the removal of, the vehicle, the owner and the operator of the	106
vehicle shall be deemed to have consented to the removal and	107
storage of the vehicle and to the payment of the towing and	108
storage charges specified in division (B)(1)(a)(iii) of this	109
section, and the owner, subject to division (C) of this section,	110
may recover a vehicle that has been so removed only in accordance	111
with division (E) of this section.	112

(3) If a municipal corporation requires tow trucks and tow	113
truck operators to be licensed, no owner of private property	114
located within the municipal corporation shall remove, or shall	115
cause the removal and storage of, any vehicle pursuant to division	116
(B)(2) of this section by an unlicensed tow truck or unlicensed	117
tow truck operator.	118

(4) Divisions (B)(1) to (3) of this section do not affect or	119
limit the operation of division (A) of this section or sections	120
4513.61 to 4513.65 of the Revised Code as they relate to property	121
other than private property that is established as a private	122
tow-away zone under division (B)(1) of this section.	123

(C) If the owner or operator of a motor vehicle that has been	124
ordered into storage pursuant to division (A)(1) of this section	125
or of a vehicle that is being removed under authority of division	126
(B)(2) of this section arrives after the motor vehicle or vehicle	127
has been prepared for removal, but prior to its actual removal	128
from the property, the towing service shall give the owner or	129
operator shall be given the opportunity tooral or written	130
notification at the time of such arrival that the vehicle owner or	131
operator may pay a fee of not more than one-half of the chargefee	132
for the removal of the motor vehicles under division (A)(1) of	133
this section or of vehicles under division (B)(2) of this section,	134
whichever is applicable, that normally is assessed by the person	135
who has prepared the motor vehicle or vehicle for removalvehicle	136
established by the public utilities commission in rules adopted	137
under section 4921.25 of the Revised Code, in order to obtain	138
release of the motor vehicle or vehicle. Upon payment of that fee,	139
which may be made by use of a major credit card, the towing	140
service shall give the vehicle owner or operator a receipt showing	141
both the full amount normally assessed and the actual amount	142
received and shall release the motor vehicle or vehicle shall be	143
released to the owner or operator, and upon. Upon its release, the	144
owner or operator immediately shall move it so that:	145

(1) If the motor vehicle was ordered into storage pursuant to	146
division (A)(1) of this section, it is not on the private	147
residential or private agricultural property without the	148
permission of the person having the right to possession of the	149
property, or is not at the garage or place of storage without the	150
permission of the owner, whichever is applicable.	151

(2) If the vehicle was being removed under authority of	152
division (B)(2) of this section, it is not parked on the private	153
property established as a private tow-away zone without the	154
consent of the owner or in violation of any posted parking	155
condition or regulation.	156

(D)(1) If an owner of private property that is established as	157
a private tow-away zone in accordance with division (B)(1) of this	158
section or the authorized agent of such an owner removes or causes	159
the removal of a vehicle from that property under authority of	160
division (B)(2) of this section, the owner or agent promptly shall	161
notify the police department of the municipal corporation,	162
township, or township or joint police district in which the	163
property is located, of the removal, the vehicle's license number,	164
make, model, and color, the location from which it was removed,	165
the date and time of its removal, the telephone number of the	166
person from whom it may be recovered, and the address of the place	167
to which it has been taken and from which it may be recovered.	168

(2) If the vehicle owner or operator is present with the	169
motor vehicle and is not incapacitated, or arrives before the	170
motor vehicle has been prepared for removal, the sheriff or chief	171
of police shall allow the vehicle owner or operator the	172
opportunity to arrange for the removal of the vehicle within a	173
period of time specified by the sheriff or chief of police. If the	174
vehicle owner or operator does not arrange for the removal of the	175
vehicle or if the sheriff or chief of police determines that the	176
vehicle has not been removed within the specified period of time,	177
the sheriff or chief of police shall order the removal of the	178
vehicle in accordance with this section.	179

(3) As used in division (B) of this section:

180

(a) "Motor vehicle has been prepared for removal" means the	181
vehicle has been loaded onto a tow vehicle or any part of the	182
vehicle has been placed upon or connected in any manner to an	183
assembly that is connected to the tow vehicle that enables the tow	184
vehicle to tow the vehicle.	185

(b) "Prior to its actual removal from the property" means,	186
after a motor vehicle has been prepared for removal, any part of	187
the motor vehicle that is being towed or any part of the tow	188
vehicle, including a tire and wheel assembly, is on the property	189
from which the motor vehicle is being towed.	190

(C)(1) Each county sheriff and each chief of police of a	191
municipal corporation, township, or township or joint police	192
district shall maintain a record of motor vehicles that the	193
sheriff or chief orders into storage pursuant to division (A)(1)	194
of this section and of vehicles removed from private property in	195
the sheriff's or chief's jurisdiction that is established as a	196
private tow-away zone of which the sheriff or chief has received	197
notice under division (D)(1) of this section. The record shall	198
include an entry for each such motor vehicle or vehicle that	199
identifies the motor vehicle's or vehicle's license number, make,	200
model, and color, the location from which it was removed, the date	201
and time of its removal, the telephone number of the person from	202
whom it may be recovered, and the address of the place to which it	203
has been taken and from which it may be recovered. AnyA sheriff	204
or chief of police shall provide any information in the record	205
that pertains to a particular motor vehicle or vehicle shall be	206
provided to any person who, either in person or pursuant to a	207
telephone call, identifies self as the owner or operator of the	208
motor vehicle or vehicle and requests information pertaining to	209
its location.	210

(3)(2) Any person who registers a complaint that is the basis	211
of a sheriff's or police chief's order for the removal and storage	212
of a motor vehicle under division (A)(1) of this section shall	213
provide the identity of the law enforcement agency with which the	214
complaint was registered to any person who identifies self as the	215
owner or operator of the motor vehicle and requests information	216
pertaining to its location.	217

(E)(D)(1) The owner or lienholder of a motor vehicle that is	218
ordered into storage pursuant to division (A)(1) of this section	219
or of a vehicle that is removed under authority of division (B)(2)	220
of this section may reclaim it upon payment of any expenses or	221
charges incurred in its removal, in an amount not to exceed ninety	222
dollars, and storage, in an amount not to exceed twelve dollars	223
per twenty-four-hour period; except that the charge for towing	224
shall not exceed one hundred fifty dollars, and the storage charge	225
shall not exceed twenty dollars per twenty-four-hour period, if	226
the vehicle has a manufacturer's gross vehicle weight rating in	227
excess of ten thousand pounds and is a truck, bus, or a	228
combination of a commercial tractor and trailer or semitrailer.	229
Presentation ofpresentation of proof of ownership, which may be	230
evidenced by a certificate of title to the motor vehicle or	231
vehicle also shall be required for reclamation of the vehicle. If	232
and payment of all applicable fees in conformance with the rules	233
adopted by the public utilities commission under section 4921.25	234
of the Revised Code.	235

(2) A towing service or storage facility in possession of a	236
motor vehicle that is ordered into storage under division (A)(1)	237
of this section shall give the motor vehicle owner, operator, or	238
lienholder who contests the removal of the vehicle written notice	239
that if the owner, operator, or lienholder disputes that the motor	240
vehicle was lawfully towed, the owner, operator, or lienholder may	241
contact the public utilities commission about the options for	242
contesting the tow, including mediation and legal action.	243

(3) Upon presentation of proof of ownership in conformance	244
with the rules adopted by the public utilities commission under	245
section 4921.25 of the Revised Code, the owner of a motor vehicle	246
that is ordered into storage under division (A)(1) of this section	247
may retrieve any personal items from the vehicle without	248
retrieving the vehicle and without paying any fee. However, the	249
owner may not retrieve any personal item that has been determined	250
by the sheriff or chief of police, as applicable, to be necessary	251
to a criminal investigation. For purposes of division (D)(3) of	252
this section, "personal items" do not include any items that are	253
attached to the motor vehicle.	254

(4) If a motor vehicle that is ordered into storage pursuant	255
to division (A)(1) of this section remains unclaimed by the owner	256
for thirty days, the procedures established by sections 4513.61	257
and 4513.62 of the Revised Code shall apply.	258

(F)(E)(1) No person shall remove, or cause the removal of,	259
any vehicle from private property that is established as a private	260
tow-away zone under division (B)(1) of this section other than in	261
accordance with division (B)(2) of this section, and no person	262
shall remove, or cause the removal of, any motor vehicle from any	263
other private residential or private agricultural property other	264
than in accordance with division (A)(1) of this section or	265
sections 4513.61 to 4513.65 of the Revised Code.	266

(2) No towing service or storage facility shall fail to	267
provide the written notice in accordance with division (D)(2) of	268
this section.	269

(3) No towing service or storage facility shall charge or	270
collect any fee that exceeds the maximum applicable fee	271
established by the public utilities commission under section	272
4921.25 of the Revised Code, charge or collect any fee that is not	273
authorized by the public utilities commission under that division,	274
or refuse to accept a major credit card for the payment of the	275
applicable fees.	276

(4) No towing service or storage facility shall refuse to	277
allow the owner of a vehicle to retrieve personal items from the	278
vehicle in accordance with division (D)(3) of this section or	279
charge or collect any fee related to the retrieval of such	280
personal items.	281

(5) No towing service that is removing a vehicle under this	282
section shall fail to inform a vehicle owner or operator of the	283
opportunity to pay a reduced fee under division (B) of this	284
section if the vehicle owner or operator arrives after the motor	285
vehicle or vehicle has been prepared for removal, but prior to its	286
actual removal from the property.	287

(6) No towing service shall fail to display the business	288
telephone number of the towing service on both sides of the towing	289
vehicle in accordance with rules adopted by the public utilities	290
commission under section 4921.25 of the Revised Code.	291

(F) This section does not apply to any private residential or	292
private agricultural property that is established as a private	293
tow-away zone in accordance with section 4513.601 of the Revised	294
Code.	295

(G) WhoeverThe owner of any towing service or storage	296
facility that violates division (B)(3) or (F)(E) of this section	297
is guilty of a minor misdemeanor on the first offense, a	298
misdemeanor of the fourth degree on the second offense, and a	299
misdemeanor of the third degree on the third or subsequent	300
offense.	301

(H) In addition to any penalty imposed under division (G) of	302
this section, any for-hire motor carrier engaged in the towing of	303
motor vehicles who violates division (E) of this section is	304
subject to sanctions imposed by the public utilities commission by	305
rule adopted under section 4921.25 of the Revised Code.	306

Sec. 4513.601.  (A) The owner of private property may	307
establish a private tow-away zone, but may do so only if all of	308
the following conditions are satisfied:	309

(1) The owner posts on the owner's property a sign, that is	310
at least eighteen inches by twenty-four inches in size, that is	311
visible from all entrances to the property, and that includes all	312
of the following information:	313

(a) A statement that the property is a tow-away zone;

314

(b) A description of persons authorized to park on the	315
property. If the property is a residential property, the owner of	316
the private property may include on the sign a statement that only	317
tenants and guests may park in the private tow-away zone, subject	318
to the terms of the property owner. If the property is a	319
commercial property, the owner of the private property may include	320
on the sign a statement that only customers may park in the	321
private tow-away zone. In all cases, if it is not apparent which	322
persons may park in the private tow-away zone, the owner shall	323
include on the sign the address of the property on which the	324
private tow-away zone is located or the name of the business which	325
is located on the property designated as a private tow-away zone.	326

(c) If the private tow-away zone is not enforceable at all	327
times, the times during which the parking restrictions are	328
enforced;	329

(d) The telephone number and the address of the place from	330
which a towed vehicle may be recovered at any time during the day	331
or night;	332

(e) The telephone number and web site of the public utilities	333
commission and a statement that if a person disputes the tow, the	334
person may contact the commission.	335

The owner of property that has been established as a private	336
tow-away zone under section 4513.60 of the Revised Code as that	337
section existed prior to the effective date of this section may	338
retain existing private tow-away zone signs that comply with that	339
section for up to five years after the effective date of this	340
section. At any time, in order to comply with the requirements of	341
division (B)(1) of this section, such a property owner may modify	342
the existing sign by affixing to the existing sign stickers or an	343
addendum in lieu of replacing the sign.	344

(2) All of the following apply to the place to which a towed	345
vehicle may be taken and from which it may be recovered:	346

(a) It is located within twenty linear miles of the location	347
of the private tow-away zone, unless it is not practicable to take	348
the vehicle to a place of storage within twenty linear miles.	349

(b) It is well lighted.

350

(c) It is on or within a reasonable distance of a regularly	351
scheduled route of one or more modes of public transportation, if	352
any public transportation is available in the municipal	353
corporation or township in which the private tow-away zone is	354
located.	355

(3) The towing service and storage facility used by the owner	356
of the private property that is established as a private tow-away	357
zone accepts major credit cards for payment of all applicable	358
charges at the location of the private tow-away zone prior to the	359
actual removal of the vehicle from the property as specified under	360
division (C) of this section, as well as at the storage facility	361
to which the vehicle is removed.	362

(B)(1) If a vehicle is parked on private property that is	363
established as a private tow-away zone in accordance with division	364
(A) of this section, without the consent of the owner of the	365
property or in violation of any posted parking condition or	366
regulation, the owner may cause the removal of the vehicle by a	367
towing service pursuant to a written contract for the removal of	368
vehicles so long as the contract contains all terms that are	369
required by the public utilities commission under section 4921.25	370
of the Revised Code. The towing service shall remove the vehicle	371
in accordance with this section and in accordance with applicable	372
rules of the public utilities commission adopted under section	373
4921.25 of the Revised Code governing vehicle removal by a	374
for-hire motor carrier. The vehicle owner and the operator of the	375
vehicle are considered to have consented to the removal and	376
storage of the vehicle and to the payment of the applicable fees	377
so long as those fees do not exceed the maximum applicable fees	378
established in rules adopted by the public utilities commission	379
under section 4921.25 of the Revised Code. The owner or lienholder	380
of a vehicle that has been removed under this section, subject to	381
division (C) of this section, may recover the vehicle in	382
accordance with division (F) of this section.	383

(2) If a municipal corporation requires tow trucks and tow	384
truck operators to be licensed, no owner of private property	385
located within the municipal corporation shall cause the removal	386
and storage of any vehicle pursuant to division (B) of this	387
section by an unlicensed tow truck or unlicensed tow truck	388
operator.	389

(C)(1) If the owner or operator of a vehicle that is being	390
removed under authority of division (B) of this section arrives	391
after the vehicle has been prepared for removal, but prior to its	392
actual removal from the property, the towing service shall give	393
the vehicle owner or operator oral or written notification at the	394
time of such arrival that the vehicle owner or operator may pay a	395
fee of not more than one-half of the fee for the removal of the	396
vehicle established by the public utilities commission in rules	397
adopted under section 4921.25 of the Revised Code in order to	398
obtain release of the vehicle. Upon payment of that fee, which may	399
be made by use of a major credit card, the towing service shall	400
give the vehicle owner or operator a receipt showing both the full	401
amount normally assessed and the actual amount received and shall	402
release the vehicle to the owner or operator. Upon its release,	403
the owner or operator immediately shall move the vehicle so that	404
the vehicle is not parked on the private property established as a	405
private tow-away zone without the consent of the owner or in	406
violation of any posted parking condition or regulation.	407

(2) As used in division (C) of this section:

408

(a) "Vehicle has been prepared for removal" means the vehicle	409
has been loaded onto a tow vehicle or any part of the vehicle has	410
been placed upon or connected in any manner to an assembly that is	411
connected to the tow vehicle that enables the tow vehicle to tow	412
the vehicle.	413

(b) "Prior to its actual removal from the property" means,	414
after a vehicle has been prepared for removal, any part of the	415
vehicle that is being towed or any part of the tow vehicle,	416
including a tire and wheel assembly, is on the property from which	417
the vehicle is being towed.	418

(D)(1) Prior to towing a vehicle under division (B) of this	419
section, a towing service shall make all reasonable efforts to	420
take as many photographs as necessary to evidence that the vehicle	421
is clearly parked on private property in violation of a private	422
tow-away zone established under division (A) of this section.	423

The towing service shall record the time and date of the	424
photographs taken under this section. The towing service shall	425
retain the photographs and the record of the time and date, in	426
electronic or printed form, for at least thirty days after the	427
date on which the vehicle is recovered by the owner or lienholder	428
or at least two years after the date on which the vehicle was	429
towed, whichever is earlier.	430

(2) A towing service shall deliver a vehicle towed under	431
division (B) of this section to the location from which it may be	432
recovered not more than two hours after the time it was removed	433
from the private tow-away zone.	434

(E)(1) If an owner of private property that is established as	435
a private tow-away zone in accordance with division (A) of this	436
section causes the removal of a vehicle from that property by a	437
towing service pursuant to a written contract under division (B)	438
of this section, the towing service, within two hours of removing	439
the vehicle, shall provide notice to the sheriff of the county or	440
the police department of the municipal corporation, township, or	441
township or joint police district in which the property is located	442
concerning all of the following:	443

(a) The vehicle's license number, make, model, and color;

444

(b) The location from which the vehicle was removed;

445

(c) The date and time the vehicle was removed;

446

(d) The telephone number of the person from whom the vehicle	447
may be recovered;	448

(e) The address of the place from which the vehicle may be	449
recovered.	450

(2) Each county sheriff and each chief of police of a	451
municipal corporation, township, or township or joint police	452
district shall maintain a record of any vehicle removed from	453
private property in the sheriff's or chief's jurisdiction that is	454
established as a private tow-away zone of which the sheriff or	455
chief has received notice under this section. The record shall	456
include all information submitted by the towing service. Any	457
information in the record that pertains to a particular vehicle	458
shall be provided to any person who, either in person or pursuant	459
to a telephone call, identifies self as the owner, operator, or	460
lienholder of the vehicle and requests information pertaining to	461
the location of the vehicle.	462

(F)(1) The owner or lienholder of a vehicle that is removed	463
under authority of division (B) of this section may reclaim it	464
upon presentation of proof of ownership and payment of all	465
applicable fees in conformance with the rules adopted by the	466
public utilities commission under section 4921.25 of the Revised	467
Code.	468

(2) A towing service or storage facility in possession of a	469
motor vehicle that is removed under authority of division (B) of	470
this section shall show the vehicle owner, operator, or lienholder	471
who contests the removal of the vehicle all photographs taken	472
under division (D) of this section. Upon request, the towing	473
service or storage facility shall provide copies of all	474
photographs in the medium in which the photographs are stored,	475
whether paper, electronic, or otherwise. The towing service or	476
storage facility also shall give written notice to the owner,	477
operator, or lienholder stating that if the owner, operator, or	478
lienholder disputes that the vehicle was lawfully towed, the	479
owner, operator, or lienholder may contact the public utilities	480
commission about the options for contesting the tow, including	481
mediation and legal action.	482

(3) Upon presentation of proof of ownership in conformance	483
with the rules adopted by the public utilities commission under	484
section 4921.25 of the Revised Code, the owner of a vehicle that	485
is removed under authority of division (B) of this section may	486
retrieve any personal items from the vehicle without retrieving	487
the vehicle and without paying any fee. For purposes of division	488
(F)(3) of this section, "personal items" do not include any items	489
that are attached to the vehicle.	490

(G)(1) No towing service or storage facility shall remove, or	491
cause the removal of, any vehicle from private property that is	492
established as a private tow-away zone under this section or store	493
such a vehicle other than in accordance with this section and	494
applicable rules adopted by the public utilities commission under	495
section 4921.25 of the Revised Code.	496

(2) No towing service or storage facility shall fail to show	497
or provide photographs to a vehicle owner, operator, or lienholder	498
who contests the removal of a vehicle or fail to provide the	499
written notice in accordance with division (F)(2) of this section.	500

(3) No towing service or storage facility shall charge or	501
collect any fee that exceeds the maximum applicable fee	502
established by the public utilities commission under section	503
4921.25 of the Revised Code, charge or collect any fee that is not	504
authorized by the public utilities commission under that division,	505
or refuse to accept a major credit card for the payment of the	506
applicable fees.	507

(4) No towing service or storage facility shall refuse to	508
allow the owner of a vehicle to retrieve personal items from the	509
vehicle in accordance with division (F) of this section or charge	510
or collect any fee related to the retrieval of such personal	511
items.	512

(5) No towing service that is removing a vehicle under this	513
section shall fail to inform a vehicle owner or operator of the	514
opportunity to pay a reduced fee under division (C) of this	515
section if the vehicle owner or operator arrives after the motor	516
vehicle or vehicle has been prepared for removal, but prior to its	517
actual removal from the property.	518

(6) No towing service shall fail to display the business	519
telephone number of the towing service on both sides of the towing	520
vehicle in accordance with rules adopted by the public utilities	521
commission under section 4921.25 of the Revised Code.	522

(7) No towing service shall offer, and no property owner	523
shall accept, any compensation, financial or otherwise, in	524
exchange for the authorization of the towing service to remove	525
vehicles from a private tow-away zone.	526

(H) This section does not affect or limit the operation of	527
section 4513.60 or sections 4513.61 to 4613.65 of the Revised Code	528
as they relate to property other than private property that is	529
established as a private tow-away zone under division (A) of this	530
section.	531

(I) The owner of any towing service or storage facility or	532
property owner that violates any applicable provision of division	533
(G) of this section is guilty of a minor misdemeanor on the first	534
offense, a misdemeanor of the fourth degree on the second offense,	535
and a misdemeanor of the third degree on the third or subsequent	536
offense.	537

(J) In addition to any penalty imposed under division (I) of	538
this section, any for-hire motor carrier engaged in the towing of	539
motor vehicles who violates division (G) of this section is	540
subject to sanctions imposed by the public utilities commission by	541
rule adopted under section 4921.25 of the Revised Code.	542

Sec. 4513.602. (A) In any circumstance in which a motor	543
vehicle is removed by a towing service pursuant to a contract with	544
a municipal corporation, county, or township and the removal is	545
not performed under section 4513.60 or 4513.61 of the Revised	546
Code, the towing service or storage facility shall do all of the	547
following as applicable:	548

(1) Remove the vehicle in accordance with the applicable	549
rules of the public utilities commission adopted under section	550
4921.25 of the Revised Code that govern vehicle removal by a	551
for-hire motor carrier;	552

(2) Impose fees for the removal and storage of a vehicle only	553
in accordance with rules adopted by the public utilities	554
commission under section 4921.25 of the Revised Code and accept	555
major credit cards for payment of all such fees;	556

(3)(a) Give a vehicle owner or operator who arrives after the	557
vehicle has been prepared for removal, but prior to its actual	558
removal, oral or written notification of both of the following:	559

(i) That the owner or operator may obtain the immediate	560
release of the vehicle;	561

(ii) That immediate release of the vehicle is conditioned on	562
the payment of a fee of not more than one-half of the fee for the	563
removal of a motor vehicle established by the public utilities	564
commission under section 4921.25 of the Revised Code.	565

Upon payment of that fee, which may be made by use of a major	566
credit card, the towing service shall give the vehicle owner or	567
operator a receipt showing both the full amount normally assessed	568
and the actual amount received and shall release the vehicle to	569
the owner or operator. Upon its release, the owner or operator	570
immediately shall move it from the location where it was ordered	571
into storage to a place where it is not subject to removal.	572

(b) As used in division (A)(3)(a) of this section:

573

(i) "Vehicle has been prepared for removal" means the vehicle	574
has been loaded onto a tow vehicle or any part of the vehicle has	575
been placed upon or connected in any manner to an assembly that is	576
connected to the tow vehicle that enables the tow vehicle to tow	577
the vehicle.	578

(ii) "Prior to its actual removal" means that all tasks	579
necessary to remove the vehicle have been completed but the	580
vehicle has not yet been moved.	581

(4) Make all reasonable efforts to take as many photographs	582
as necessary to evidence that the vehicle is clearly parked in	583
violation of a posted parking restriction or any other applicable	584
ordinance or resolution of the municipal corporation, county, or	585
township.	586

The towing service also shall record the time and date of the	587
photographs. The towing service shall retain the photographs and	588
record, in electronic or printed form, for at least thirty days	589
after the date on which the vehicle is recovered by the owner or	590
lienholder or at least two years from the date on which the	591
vehicle was towed whichever is earlier.	592

(5) Deliver the vehicle to the location from which it may be	593
recovered not more than two hours after the time it was removed.	594

(6) Ensure that all of the following apply to the place from	595
which the vehicle may be recovered:	596

(a) It is conveniently located.

597

(b) It is well lighted.

598

(c) It is on or within a reasonable distance of a regularly	599
scheduled route of one or more modes of public transportation, if	600
any public transportation is available in the municipal	601
corporation or township in which the vehicle is located at the	602
time of removal.	603

(d) It accepts major credit cards for the payment of all	604
applicable charges.	605

(B)(1) The owner or lienholder of a vehicle may reclaim the	606
vehicle under this section upon payment of the applicable fees and	607
presentation of proof of ownership in conformance with rules	608
adopted by the public utilities commission under section 4921.25	609
of the Revised Code.	610

(2) A towing service or storage facility in possession of a	611
motor vehicle that was removed under division (A) of this section	612
shall show the vehicle owner, operator, or lienholder who contests	613
the removal of the vehicle all photographs taken under division	614
(A)(4) of this section. Upon request, the towing service or	615
storage facility shall provide copies of all photographs in the	616
medium in which the photographs are stored, whether paper,	617
electronic, or otherwise. The towing service or storage facility	618
also shall give written notice to the owner, operator, or	619
lienholder stating that if the owner, operator, or lienholder	620
disputes that the vehicle was lawfully towed, the owner, operator,	621
or lienholder may contact the public utilities commission about	622
the options for contesting the tow, including mediation and legal	623
action.	624

(3) Upon presentation of proof of ownership in conformance	625
with the rules adopted by the public utilities commission under	626
section 4921.25 of the Revised Code, the owner of a vehicle that	627
is removed under division (A) of this section may retrieve any	628
personal items from the vehicle without retrieving the vehicle and	629
without paying any fee. For purposes of division (B)(3) of this	630
section, "personal items" do not include any items that are	631
attached to the vehicle.	632

(C) No towing service or storage facility shall fail to	633
comply with the requirements of this section. A towing service	634
that is required to take vehicles towed under this section to a	635
public impound lot pursuant to a written contract is not in	636
violation of division (A)(6) of this section if the public impound	637
lot fails to comply with that division.	638

(D) The owner of any towing service that violates division	639
(C) of this section is guilty of a minor misdemeanor on the first	640
offense, a misdemeanor of the fourth degree on the second offense,	641
and a misdemeanor of the third degree on the third or subsequent	642
offense.	643

(E) In addition to any penalty imposed under division (D) of	644
this section, any for-hire motor carrier engaged in the towing of	645
motor vehicles who violates division (C) of this section is	646
subject to sanctions imposed by the public utilities commission by	647
rule adopted under section 4921.25 of the Revised Code.	648

Sec. 4513.61. (A)(1) The sheriff of a county or chief of	649
police of a municipal corporation, township, or township or joint	650
police district, within the sheriff's or chief's respective	651
territorial jurisdiction, or a state highway patrol trooper, upon	652
notification to the sheriff or chief of police of such action and	653
of the location of the place of storage, may order into storage	654
any motor vehicle, including an abandoned junk motor vehicle as	655
defined in section 4513.63 of the Revised Code, that has come into	656
the possession of the sheriff, chief of police, or state highway	657
patrol trooper as a result of the performance of the sheriff's,	658
chief's, or trooper's duties or that has been left on a public	659
street or other property open to the public for purposes of	660
vehicular travel, or upon or within the right-of-way of any road	661
or highway, for forty-eight hours or longer without notification	662
to the sheriff or chief of police of the reasons for leaving the	663
motor vehicle in such place, except that when such a motor vehicle	664
constitutes an obstruction to traffic it may be ordered into	665
storage immediately. TheSubject to division (C) of this section,	666
the sheriff or chief of police shall designate the place of	667
storage of any motor vehicle so ordered removed.	668

(2) If the vehicle owner or operator is present with the	669
motor vehicle and is not incapacitated, or arrives before the	670
sheriff, chief of police, or state highway patrol trooper has	671
ordered the vehicle into storage, the sheriff, chief of police, or	672
state highway patrol trooper shall allow the vehicle owner or	673
operator the opportunity to arrange for the removal of the vehicle	674
within a period of time specified by the sheriff, chief of police,	675
or state highway patrol trooper. However, the sheriff, chief of	676
police, or state highway patrol trooper is not required to allow a	677
vehicle owner or operator the opportunity to arrange for the	678
removal of the vehicle if the vehicle is being taken into the	679
custody of law enforcement. If the vehicle owner or operator does	680
not arrange for the removal of the vehicle, if the sheriff or	681
chief of police determines that the vehicle has not been removed	682
within the specified period of time, or if the vehicle is being	683
taken into the custody of law enforcement, the sheriff, chief of	684
police, or state highway patrol trooper shall order the removal of	685
the vehicle in accordance with this section.	686

(B) If the sheriff, chief of police, or a state highway	687
patrol trooper issues an order under division (A) of this section	688
and arranges for the removal of a motor vehicle by a towing	689
service, the towing service or storage facility in possession of	690
the motor vehicle shall do all of the following as applicable:	691

(1) Remove the motor vehicle in accordance with applicable	692
rules of the public utilities commission adopted under section	693
4921.25 of the Revised Code governing vehicle removal by a	694
for-hire motor carrier;	695

(2) In addition to the fee authorized under division (D)(3)	696
of this section, impose fees for the removal and storage of a	697
motor vehicle only in accordance with rules adopted by the public	698
utilities commission under section 4921.25 of the Revised Code and	699
accept major credit cards for payment of all such fees;	700

(3) Deliver a vehicle to the location designated by the	701
sheriff or chief of police not more than two hours after the time	702
it was removed.	703

(C) The sheriff, chief of police, or a state highway patrol	704
trooper designating a place of storage for a motor vehicle ordered	705
removed under division (A) of this section, whenever possible,	706
shall ensure that the place of storage meets all of the following	707
requirements:	708

(1) It is conveniently located.

709

(2) It is well lighted.

710

(3) It is on or within a reasonable distance of a regularly	711
scheduled route of one or more modes of public transportation, if	712
any public transportation is available in the municipal	713
corporation or township from which the vehicle was removed.	714

(4) It accepts major credit cards for payment of all	715
applicable charges.	716

(D)(1) The sheriff or chief of police immediately shall cause	717
a search to be made of the records of the bureau of motor vehicles	718
to ascertain the identity of the owner and any lienholder of a	719
motor vehicle ordered into storage by the sheriff or chief of	720
police, or by a state highway patrol trooper, and, if known,. Upon	721
obtaining such identity, the sheriff or chief of police shall send	722
or cause to be sent notice to the owner or lienholder at the	723
owner's or lienholder's last known address by certified mail with	724
return receipt requested, notice that informs the owner or	725
lienholder that the motor vehicle will be declared a nuisance and	726
disposed of if not claimed within ten days of the date of mailing	727
of the notice. The	728

(2) The owner or lienholder of the motor vehicle may reclaim	729
itthe motor vehicle upon payment of any expenses or charges	730
incurred in its removal and storage, and presentation of proof of	731
ownership, which may be evidenced by a certificate of title or	732
memorandum certificate of title to the motor vehicleand payment	733
of applicable fees in conformance with the rules adopted by the	734
public utilities commission under section 4921.25 of the Revised	735
Code. If the vehicle owner, operator, or lienholder contests the	736
removal of the vehicle, the towing service or a storage facility	737
shall give the motor vehicle owner, operator, or lienholder	738
written notice that the owner, operator, or lienholder may contact	739
the public utilities commission about the options for contesting	740
the tow, including mediation and legal action. Upon presentation	741
of proof of ownership, the owner of the motor vehicle also may	742
retrieve any personal items from the vehicle without retrieving	743
the vehicle and without paying any fee. IfHowever, the owner may	744
not retrieve any personal item that has been determined by the	745
sheriff or chief of police, as applicable, to be necessary to a	746
criminal investigation. For purposes of division (D)(2) of this	747
section, "personal items" do not include any items that are	748
attached to the vehicle.	749

(3) If the owner or lienholder of the motor vehicle reclaims	750
it after a search of the records of the bureau has been conducted	751
and after notice has been sent to the owner or lienholder as	752
described in this section, and the search was conducted by the	753
owner of the place of storage or the owner's employee, and the	754
notice was sent to the motor vehicle owner by the owner of the	755
place of storage or the owner's employee, the owner or lienholder	756
shall pay to the place of storage a processing fee of twenty-five	757
dollars, in addition to any expenses or charges incurred in the	758
removal and storage of the vehiclethe applicable fees established	759
in rules adopted by the public utilities commission under section	760
4921.25 of the Revised Code.	761

(E) If the owner or lienholder makes no claim to the motor	762
vehicle within ten days of the date of mailing of the notice, and	763
if the vehicle is to be disposed of at public auction as provided	764
in section 4513.62 of the Revised Code, the sheriff or chief of	765
police, without charge to any party, shall file with the clerk of	766
courts of the county in which the place of storage is located an	767
affidavit showing compliance with the requirements of this	768
section. Upon presentation of the affidavit, the clerk, without	769
charge, shall issue a salvage certificate of title, free and clear	770
of all liens and encumbrances, to the sheriff or chief of police.	771
If the vehicle is to be disposed of to a motor vehicle salvage	772
dealer or other facility as provided in section 4513.62 of the	773
Revised Code, the sheriff or chief of police shall execute in	774
triplicate an affidavit, as prescribed by the registrar of motor	775
vehicles, describing the motor vehicle and the manner in which it	776
was disposed of, and that all requirements of this section have	777
been complied with. The sheriff or chief of police shall retain	778
the original of the affidavit for the sheriff's or chief's	779
records, and shall furnish two copies to the motor vehicle salvage	780
dealer or other facility. Upon presentation of a copy of the	781
affidavit by the motor vehicle salvage dealer, the clerk of	782
courts, within thirty days of the presentation, shall issue to	783
such owner a salvage certificate of title, free and clear of all	784
liens and encumbrances.	785

(F) Whenever a motor vehicle salvage dealer or other facility	786
receives an affidavit for the disposal of a motor vehicle as	787
provided in this section, the dealer or facility shall not be	788
required to obtain an Ohio certificate of title to the motor	789
vehicle in the dealer's or facility's own name if the vehicle is	790
dismantled or destroyed and both copies of the affidavit are	791
delivered to the clerk of courts.	792

(G) No towing service shall remove a vehicle other than in	793
accordance with division (B) of this section. No storage facility	794
shall store a vehicle other than in accordance with the	795
requirements of division (C) of this section.	796

(H) The owner of any towing service or storage facility that	797
violates division (G) of this section is guilty of a minor	798
misdemeanor on the first offense, a misdemeanor of the fourth	799
degree on the second offense, and a misdemeanor of the third	800
degree on the third or subsequent offense.	801

(I) In addition to any penalty imposed under division (H) of	802
this section, any for-hire motor carrier engaged in the towing of	803
motor vehicles who violates division (G) of this section is	804
subject to sanctions imposed by the public utilities commission by	805
rule adopted under section 4921.25 of the Revised Code.	806

Sec. 4513.64.  (A) No person shall willfully leave an	807
abandoned junk motor vehicle as defined in section 4513.63 of the	808
Revised Code on private property for more than seventy-two hours	809
without the permission of the person having the right to the	810
possession of the property, or on a public street or other	811
property open to the public for purposes of vehicular travel or	812
parking, or upon or within the right-of-way of any road or	813
highway, for forty-eight hours or longer without notification to	814
the sheriff of the county or chief of police of the municipal	815
corporation, township, or township or joint police district of the	816
reasons for leaving the motor vehicle in such place.	817

For purposes of this section, the fact that a motor vehicle	818
has been so left without permission or notification is prima-facie	819
evidence of abandonment.	820

Nothing contained in sections 4513.60, 4513.601, 4513.61, and	821
4513.63 of the Revised Code shall invalidate the provisions of	822
municipal ordinances or township resolutions regulating or	823
prohibiting the abandonment of motor vehicles on streets,	824
highways, public property, or private property within municipal	825
corporations or townships.	826

(B) Whoever violates this section is guilty of a minor	827
misdemeanor and shall also be assessed any costs incurred by the	828
county, township, joint police district, or municipal corporation	829
in disposing of the abandoned junk motor vehicle that is the basis	830
of the violation, less any money accruing to the county, township,	831
joint police district, or municipal corporation from this disposal	832
of the vehicle.	833

Sec. 4513.67. (A)(1) A storage facility that accepts for	834
storage vehicles towed under section 4513.60, 4513.601, 4513.602,	835
or 4513.61 of the Revised Code shall conspicuously post a notice	836
at the entrance to the storage facility that states the telephone	837
number at which the owner or lienholder of a vehicle may contact	838
the owner or a representative of the storage facility at any time.	839
The owner of the storage facility also shall provide that	840
telephone number to the sheriff of a county or chief of police of	841
a municipal corporation, township, or township or joint police	842
district. The owner of the storage facility shall ensure that a	843
process is in place for purposes of answering calls at all times	844
day or night.	845

(2) After receiving a call from the owner or lienholder of a	846
vehicle who seeks to recover the vehicle, the owner of the storage	847
facility shall ensure that, within three hours of receiving the	848
phone call, a representative of the storage facility is available	849
to release the vehicle upon being presented with proof of	850
ownership of the vehicle and payment of all applicable fees in	851
accordance with section 4513.60, 4513.601, 4513.602, or 4513.61 of	852
the Revised Code.	853

(B) No owner of a storage facility shall fail to comply with	854
division (A) of this section.	855

(C) Except as otherwise provided in this division, this	856
section shall be enforced pursuant to the requirements and	857
procedures specified in section 4921.251 of the Revised Code. If	858
the public utilities commission determines that the owner of a	859
storage facility has failed to comply with the requirements of	860
division (A) of this section, the commission shall impose a fine	861
of one hundred dollars on the first offense, one hundred fifty	862
dollars on the second offense, and two hundred dollars on the	863
third or subsequent offense. The fine shall be deposited into the	864
public utilities safety fund created in section 4921.21 of the	865
Revised Code.	866

Sec. 4921.25. (A) Any person, firm, copartnership, voluntary	867
association, joint-stock association, company, or corporation,	868
wherever organized or incorporated, that is engaged in the towing	869
of motor vehicles is subject to regulation by the public utilities	870
commission as a for-hire motor carrier under this chapter. Such an	871
entity is not subject to any ordinance, rule, or resolution of a	872
municipal corporation, county, or township that provides for the	873
licensing, registering, or regulation of entities that tow motor	874
vehicles.	875

(B) The commission shall adopt rules under Chapter 111. of	876
the Revised Code that do all of the following:	877

(1) Establish the acceptable scope of consumer protection and	878
public safety regulations applicable to a for-hire motor carrier	879
engaged in the towing of motor vehicles under section 4513.60,	880
4513.601, 4513.602, or 4513.61 of the Revised Code that a county	881
or township may adopt pursuant to a resolution;	882

(2)(a) Establish the following fees that may be charged by a	883
for-hire motor carrier engaged in the towing of motor vehicles	884
under section 4513.60, 4513.601, 4513.602, or 4513.61 of the	885
Revised Code:	886

(i) For five years after the effective date of this	887
amendment, a maximum fee for the removal of a vehicle of ninety	888
dollars; or for a vehicle that has a manufacturer's gross vehicle	889
weight rating in excess of ten thousand pounds that is a truck,	890
bus, or a combination of commercial tractor and trailer or	891
semitrailer, a maximum fee of one hundred fifty dollars;	892

(ii) For five years after the effective date of this	893
amendment, a maximum storage fee of twelve dollars per	894
twenty-four-hour period, except the first twenty-four-hour period	895
during which no fee shall be assessed; or for a vehicle that has a	896
manufacturer's gross vehicle weight rating in excess of ten	897
thousand pounds that is a truck, bus, or a combination of	898
commercial tractor and trailer or semitrailer, a maximum storage	899
fee of twenty dollars per twenty-four-hour period, except the	900
first twenty-four-hour period during which no fee shall be	901
assessed;	902

(iii) Any other fees as determined by the commission in	903
addition to the maximum vehicle removal and storage fees. The	904
commission shall establish a maximum amount that may be charged	905
for each type of fee established by the commission under division	906
(B)(2)(a)(iii) of this section.	907

(b) Beginning five years after the effective date of this	908
amendment, the commission may revise the maximum vehicle removal	909
and storage fees established under divisions (B)(2)(a)(i) and (ii)	910
of this section. The commission may modify the fees established	911
under division (B)(2)(a)(iii) of this section at any time.	912

(c) The commission shall conduct a review of the fees	913
established by the commission every five years beginning five	914
years after the effective date of this amendment.	915

(d) The commission shall ensure that all fees established	916
under division (B)(2) of this section are fair, reasonable, and	917
nondiscriminatory.	918

(3) Require the display of the business telephone number of a	919
for-hire motor carrier engaged in the towing of motor vehicles	920
under section 4513.60, 4513.601, 4513.602, or 4513.61 of the	921
Revised Code on both sides of a vehicle used by the motor carrier	922
to tow other vehicles. The rules shall require the telephone	923
number to be displayed in a manner that is readily legible and	924
consistent with applicable markings required under federal law for	925
a commercial motor vehicle.	926

(4) Establish safety standards for the type of equipment	927
necessary to safely remove and tow vehicles based on the type of	928
vehicle being removed or towed;	929

(5) Establish standards for the removal of a vehicle from a	930
private tow-away zone by a for-hire motor carrier engaged in the	931
towing of motor vehicles in addition to standards and requirements	932
established under section 4513.601 of the Revised Code. The	933
standards may vary based on whether the private tow-away zone is	934
located on residential, retail, or other commercial property.	935

(6) Establish minimum terms that must be part of a written	936
contract between a property owner and a towing service in order	937
for the towing service to remove a vehicle under section 4513.601	938
of the Revised Code, including all of the following:	939

(a) The circumstances under which a towing service may remove	940
vehicles from the private tow-away zone;	941

(b) The hours during which the towing service may remove	942
vehicles from the private tow-away zone;	943

(c) A description of the area in which the towing	944
restrictions may be enforced.	945

(7) Determine which documents may be used by the owner or	946
lienholder of a vehicle to establish proof of ownership of a	947
vehicle for purposes of recovering the vehicle when the vehicle	948
has been towed under section 4513.60, 4513.601, 4513.602, or	949
4513.61 of the Revised Code;	950

(8) Establish a procedure for any vehicle owner or	951
lienholder, or any company that insures the vehicle, to file a	952
complaint against a for-hire motor carrier engaged in the towing	953
of motor vehicles alleging a violation of section 4513.60,	954
4513.601, 4513.602, or 4513.61 of the Revised Code;	955

(9) Establish procedures and requirements governing mediation	956
and arbitration conducted under section 4921.251 of the Revised	957
Code;	958

(10) Establish a schedule of sanctions to be imposed on a	959
for-hire motor carrier engaged in the towing of motor vehicles	960
under section 4513.60, 4513.601, 4513.602, or 4513.61 of the	961
Revised Code for a violation of any of those sections or a rule	962
adopted under this section, that may include a monetary fine and,	963
in the manner provided in section 4921.07 of the Revised Code, the	964
suspension or revocation of the certificate of public convenience	965
and necessity issued to the for-hire motor carrier. Any monetary	966
fines collected pursuant to division (B)(10) of this section shall	967
be deposited in the public utilities transportation safety fund	968
created in section 4921.21 of the Revised Code and shall be	969
utilized only for purposes of administering the duties of the	970
commission under this section and section 4921.251 of the Revised	971
Code.	972

(11) Adopt any other rules necessary to carry out the	973
purposes of this section.	974

(C) No person shall knowingly falsify or fail to submit any	975
information required to be submitted to the commission under this	976
section or a rule adopted under it.	977

Sec. 4921.251.  (A)(1) A person whose vehicle has been towed	978
and who disputes some aspect of the removal by the towing service	979
due to an alleged violation of section 4513.60, 4513.601,	980
4513.602, or 4513.61 of the Revised Code or an applicable rule	981
established under section 4921.25 of the Revised Code may request	982
the public utilities commission to facilitate mediation between	983
the vehicle owner and the towing service. The commission shall	984
request the towing service to participate in the mediation	985
hearing.	986

(2) If the towing service agrees to participate in the	987
mediation hearing, the commission shall hold the hearing as	988
expeditiously as possible, at a time and location determined by	989
the commission. During the hearing, the commission shall mediate	990
the dispute between the person and the towing service and attempt	991
to reach a conclusion that is satisfactory to both parties.	992

(3) The commission shall conduct the mediation in accordance	993
with rules adopted under section 4921.25 of the Revised Code.	994

(B)(1) If mediation conducted under division (A) of this	995
section does not reach a conclusion satisfactory to the person	996
whose motor vehicle was towed or if the towing service refused to	997
participate in the mediation, the person may submit a written	998
request to the commission in accordance with rules adopted under	999
section 4921.25 of the Revised Code for arbitration before the	1000
public utilities commission. The towing service shall participate	1001
in the requested arbitration. The commission shall conduct an	1002
arbitration hearing in accordance with procedures established in	1003
rules adopted under section 4921.25 of the Revised Code.	1004

(2) Upon completion of the arbitration hearing, the	1005
commission shall deliver to the person who requested arbitration	1006
and the towing service a written statement of the arbitration	1007
decision regarding the dispute. Both parties to the arbitration	1008
shall abide by the arbitration decision. If the commission	1009
determines that the towing service violated section 4513.60,	1010
4513.601, 4513.602, or 4513.61 of the Revised Code or rules	1011
adopted under section 4921.25 of the Revised Code, the commission	1012
shall require, as part of the arbitration decision, that the	1013
towing service pay a fine of at least two times the amount of the	1014
fees collected from the vehicle owner. The fine shall be remitted	1015
to the vehicle owner in the manner provided by the commission.	1016

(3) The court of common pleas of Franklin county shall	1017
enforce the arbitration decision upon petition by either party to	1018
the arbitration. Either party to the arbitration decision may	1019
appeal the arbitration decision to the court of appeals of	1020
Franklin county.	1021

(C) Under this section, a person whose vehicle has been towed	1022
may dispute whether the vehicle was actually removed pursuant to	1023
an order by law enforcement, but may not challenge whether such an	1024
order was in conformance with section 4513.60 or 4513.61 of the	1025
Revised Code. This section does not require the law enforcement	1026
officer who ordered a tow pursuant to section 4513.60 or 4513.61	1027
of the Revised Code to appear for mediation or arbitration.	1028

(D) For purposes of this section, "person whose vehicle has	1029
been towed" includes an issuer of a policy of motor vehicle	1030
insurance covering the towed vehicle.	1031

Sec. 4921.252.  (A)(1) There is hereby established the motor	1032
vehicle towing advisory council. The council shall consist of the	1033
following members:	1034

(a) One representative from a towing company that engages in	1035
heavy duty towing;	1036

(b) One representative from a towing company that engages in	1037
light duty towing;	1038

(c) One representative from a towing company that engages in	1039
towing from private property;	1040

(d) One representative from a statewide organization	1041
representing the towing and recovery industry;	1042

(e) One representative from a law enforcement agency;

1043

(f) One representative from the property and casualty	1044
insurance industry;	1045

(g) One representative of a bank that issues loans for the	1046
purchase of motor vehicles;	1047

(h) An owner of an apartment complex that is designated as a	1048
private tow-away zone;	1049

(i) One representative of an automobile club;

1050

(j) One representative from an automotive repair shop;

1051

(k) One member of the public.

1052

(2) The members of the council shall be jointly appointed by	1053
the speaker of the house of representatives and the president of	1054
the senate, subject to approval by the governor. If the governor	1055
objects to any member appointed to the council, the speaker of the	1056
house of representatives and the president of the senate shall	1057
appoint a replacement member. No person may be appointed as a	1058
member of the council without approval by the governor.	1059

Of the initial appointments to the council, three members	1060
shall be appointed for a term of one year, three members shall be	1061
appointed for a term of two years, and three members shall be	1062
appointed for a term of three years. Thereafter, all members of	1063
the council shall be appointed for a term of three years with each	1064
term ending on the same day of the same month as the term that it	1065
succeeds. Each member shall hold office from the date of	1066
appointment until the end of the term for which the member was	1067
appointed. Members may be reappointed. Vacancies shall be filled	1068
in the manner provided for original appointments. Any member	1069
appointed to fill a vacancy occurring prior to the expiration date	1070
of the term for which the member's predecessor was appointed shall	1071
hold office as a member of the council for the remainder of that	1072
term.	1073

(B) The council shall hold its initial meeting not less than	1074
one hundred eighty days after the effective date of this section.	1075
At that meeting, the council shall select from among its members a	1076
chairperson and secretary. The council may adopt bylaws governing	1077
its proceedings. Six members constitute a quorum. After that	1078
initial meeting, the council shall meet at the call of the council	1079
chairperson. Members of the council shall serve without	1080
compensation but shall receive their reasonable and necessary	1081
expenses incurred in the conduct of council business.	1082

(C) The council shall provide advice and recommendations to	1083
the general assembly concerning the law that relates to the towing	1084
of motor vehicles.	1085

(D) As used in division (A)(1) of this section, "automobile	1086
club" means any organization that, in consideration for payment,	1087
promises to assist the members of the organization in matters	1088
relating to travel and the operation, use, and maintenance of a	1089
motor vehicle, and to supply other services including community	1090
traffic safety services, travel and touring services, theft or	1091
reward services, map services, towing services, emergency road	1092
services, bail bond services, legal fee reimbursement services in	1093
the defense of traffic offenses, and participation in an accident	1094
and sickness or death insurance benefit program.	1095

Sec. 4923.99.  (A)(1) Whoever violates Chapter 4921. or 4923.	1096
of the Revised Code is liable to the state for a forfeiture of not	1097
more than twenty-five thousand dollars for each day of each	1098
violation. The public utilities commission, after providing	1099
reasonable notice and the opportunity for a hearing in accordance	1100
with the procedural rules adopted under section 4901.13 of the	1101
Revised Code, shall assess, by order, a forfeiture upon a person	1102
whom the commission determines, by a preponderance of the	1103
evidence, committed the violation. In determining the amount of	1104
the forfeiture for a violation of division (G) of section 4513.601	1105
of the Revised Code or a rule adopted under section 4921.25 of the	1106
Revised Code, the commission shall impose the applicable monetary	1107
fine as established in rules adopted under division (B)(10) of	1108
section 4921.25 of the Revised Code. In determining the amount of	1109
the forfeiture for a violation discovered during a driver or	1110
motor-vehicle inspection under section 4923.06 of the Revised	1111
Code, the commission shall, to the extent practicable, not act in	1112
a manner incompatible with the requirements of the United States	1113
department of transportation, and, to the extent practicable,	1114
shall utilize a system comparable to the recommended civil-penalty	1115
procedure adopted by the commercial vehicle safety alliance. In	1116
determining the amount of the forfeiture for a violation	1117
discovered during a compliance review of a motor carrier under	1118
section 4923.07 of the Revised Code, the commission shall, to the	1119
extent practicable, not act in a manner incompatible with the	1120
civil-penalty guidelines of the United States department of	1121
transportation.	1122

The attorney general, upon the written request of the	1123
commission, shall bring a civil action in the court of common	1124
pleas of Franklin county to collect a forfeiture assessed under	1125
this section. The commission shall account for the forfeitures	1126
collected under this section and pay them to the treasurer of	1127
state under section 4921.21 of the Revised Code.	1128

(2) The attorney general, upon the written request of the	1129
commission, shall bring an action for injunctive relief in the	1130
court of common pleas of Franklin county against any person who	1131
has violated or is violating any order issued by the commission to	1132
secure compliance with any provision of Chapter 4921. or 4923. of	1133
the Revised Code. The court of common pleas of Franklin county has	1134
jurisdiction to and may grant preliminary and permanent injunctive	1135
relief upon a showing that the person against whom the action is	1136
brought has violated or is violating any such order. The court	1137
shall give precedence to such an action over all other cases.	1138

(B) The amount of any forfeiture may be compromised at any	1139
time prior to collection of the forfeiture. The commission shall	1140
adopt rules governing the manner in which the amount of a	1141
forfeiture may be established by agreement prior to the hearing on	1142
the forfeiture before the commission.	1143

(C) The proceedings of the commission specified in division	1144
(A) of this section are subject to and governed by Chapter 4903.	1145
of the Revised Code, except as otherwise specifically provided in	1146
this section. The court of appeals of Franklin county has	1147
exclusive, original jurisdiction to review, modify, or vacate an	1148
order of the commission issued to secure compliance with any	1149
provision of Chapter 4921. or 4923. of the Revised Code. The court	1150
of appeals shall hear and determine those appeals in the same	1151
manner, and under the same standards, as the supreme court hears	1152
and determines appeals under Chapter 4903. of the Revised Code.	1153
The judgment of the court of appeals is final and conclusive	1154
unless reversed, vacated, or modified on appeal. Such appeals may	1155
be taken either by the commission or the person to whom the	1156
compliance order or forfeiture assessment was issued and shall	1157
proceed as in the case of appeals in civil actions as provided in	1158
the rules of appellate procedure and Chapter 2505. of the Revised	1159
Code.	1160

(D) Section 4903.11 of the Revised Code does not apply to an	1161
appeal of an order issued to secure compliance with Chapter 4921.	1162
or 4923. of the Revised Code or an order issued under division	1163
(A)(1) of this section assessing a forfeiture. Any person to whom	1164
any such order is issued who wishes to contest a compliance order,	1165
the fact of the violation, or the amount of the forfeiture shall	1166
file a notice of appeal, setting forth the order appealed from and	1167
the errors complained of, within sixty days after the entry of the	1168
order upon the journal of the commission. The notice of appeal	1169
shall be served, unless waived, upon the chairperson of the	1170
commission or, in the event of the chairperson's absence, upon any	1171
public utilities commissioner, or by leaving a copy at the office	1172
of the commission at Columbus. An order issued by the commission	1173
to secure compliance with Chapter 4921. or 4923. of the Revised	1174
Code or an order issued under division (A)(1) of this section	1175
assessing a forfeiture shall be reversed, vacated, or modified on	1176
appeal if, upon consideration of the record, the court is of the	1177
opinion that the order was unlawful or unreasonable.	1178

(E) Only for such violations that constitute violations of	1179
the "Hazardous Materials Transportation Uniform Safety Act of	1180
1990," 104 Stat. 3244, 49 U.S.C.A. App. 1804 and 1805, or	1181
regulations adopted under the act, the commission, in determining	1182
liability, shall use the same standard of culpability for civil	1183
forfeitures under this section as that set forth for civil	1184
penalties under section 12 of the "Hazardous Materials	1185
Transportation Uniform Safety Act of 1990," 104 Stat. 3244, 49	1186
U.S.C.A. App. 1809. The commission shall consider the assessment	1187
considerations for civil penalties specified in regulations	1188
adopted under the "Hazardous Materials Transportation Act," 88	1189
Stat. 2156 (1975), 49 U.S.C. 1801.	1190

Section 2. That existing sections 4513.60, 4513.61, 4513.64,	1191
4921.25, and 4923.99 of the Revised Code are hereby repealed.	1192

Section 3.  (A) The amendment, enactment, and repeal of	1193
provisions of the Revised Code by this act relating to fees, proof	1194
of ownership, and other conditions that require corresponding	1195
provisions to be adopted by rule do not affect the continued	1196
operation of statutory provisions, the same as if they had not	1197
been amended or enacted, until rules corresponding to those	1198
statutory provisions take effect. Revised Code provisions amended	1199
or enacted by this act that do not require corresponding	1200
provisions to be adopted by rule begin operation on the effective	1201
date of this act.	1202

(B) The provisions of this act governing a contract between	1203
an owner of property and a towing service with respect to a	1204
private tow-away zone are not self executing and depend on the	1205
adoption of rules.	1206

(C) The amendment, enactment, and repeal of provisions of the	1207
Revised Code by this act shall not be construed to impair any	1208
written contract that was entered into prior to the effective date	1209
of this act.	1210