Bill Text: VA HB662 | 2024 | Regular Session | Prefiled
Bill Title: Towing; registration for tow truck drivers and obtaining Driver Authorization Document, penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-06 - Continued to 2025 in Transportation by voice vote [HB662 Detail]
Download: Virginia-2024-HB662-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §46.2-116 of the Code of Virginia is amended and reenacted as follows:
§46.2-116. Registration with Department of Criminal Justice Services required for tow truck drivers; penalty.
A. As used in this section and §§46.2-117, 46.2-118, and 46.2-119:
"Consumer" means a person who (i) has vested ownership, dominion, or title to the vehicle; (ii) is the authorized agent of the owner as defined in clause (i); or (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company had obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle.
"Department" means the Department of Criminal Justice Services.
"Tow truck driver" means an individual who drives a tow truck as defined in §46.2-100.
"Towing and recovery operator" means any person engaging in the business of providing or offering to provide services involving the use of a tow truck and services incidental to use of a tow truck. "Towing and recovery operator" shall not include a franchised motor vehicle dealer as defined in §46.2-1500 using a tow truck owned by a dealer when transporting a vehicle to or from a repair facility owned by the dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle or when transporting a vehicle in which the dealer has an ownership or security interest.
B. On and after January 1, 2013, no tow truck driver shall
drive any tow truck without being (i)
registered with the Department and (ii)
issued the appropriate Driver Authorization Document by the
Department pursuant to subsection F,
except that this requirement shall not apply to any holder of a tow truck
driver authorization document issued pursuant to former §46.2-2814 until the
expiration date of such document. The Department may offer a temporary
registration or
driver authorization document
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the Department. If an applicant is denied registration as a tow truck driver because of the information appearing in his criminal history record, the Department shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided in this section.
C. 1. No registration shall be issued to any person who (i) is required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1 or in a substantially similar law of any other state, the United States, or any foreign jurisdiction; (ii) has been convicted within the 15 years prior to the date of the application of a violent crime as defined in subsection C of §17.1-805 unless such person held a valid tow truck driver authorization document on January 1, 2013, issued by the Board of Towing and Recovery Operators pursuant to former Chapter 28 (§46.2-2800 et seq.), and has not been convicted of a violent crime as defined in subsection C of §17.1-805 subsequent to the abolition of the Board; or (iii) has been convicted within the 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses, but not traffic infraction convictions.
2. The Department may deny a registration to any person who (i) has been convicted more than 15 years prior to the date of the application of a violent crime as defined in subsection C of §17.1-805 or (ii) has been convicted more than 15 years prior to the date of the application of any crime involving the driving of a tow truck, including drug or alcohol offenses. The Department shall deny a registration to a person described in clause (i) or (ii) if the person has not completed all terms of probation or parole related to such conviction.
3. Any person registered pursuant to this section shall report to the Department within 10 days of conviction any convictions for felonies or misdemeanors that occur while he is registered with the Department.
D. Any tow truck driver failing to register with the Department as required by this section is guilty of a Class 3 misdemeanor. A tow truck driver registered with the Department shall have such registration in his possession whenever driving a tow truck on the highways.
E. Registrations issued by the Department pursuant to this section shall be valid for a period not to exceed 24 months, unless revoked or suspended by the Department in accordance with §46.2-117.
F. Prior to registration with the Department or the first renewal on or after January 1, 2025, tow truck drivers shall complete the requirements for and obtain a Driver Authorization Document from the Department.
All new applicants for a Driver Authorization Document shall:
1. Attend a Traffic Incident Management (TIM) Responder Training course developed by the Strategic Highway Research Program (SHRP2) and provide records of such attendance; and
2. Complete an in-person course approved by the Department that includes a minimum of 11 hours. The course shall include the following topics: (i) one hour in roadway safety; (ii) two hours in Virginia law and rules that regulate the conduct of towing operators; and (iii) eight hours in towing and recovery safety and operations. Three of such hours shall be hands-on.
To renew a Driver Authorization Document, a licensee shall complete a total of eight hours of continuing education through an in-person Department-approved course before his renewal date. The continuing education hours shall include the following topics: (i) one hour in roadway safety; (ii) one hour in Virginia law and rules that regulate the conduct of towing operators; and (iii) six hours in towing and recovery safety and operations. Three of such hours shall be hands-on.
State-operated towing associations may submit a course and list of training instructors to the Department for approval to be used as a Department-approved training course up to two months before January 1, 2025. There shall be separate courses for initial applicants and for renewal applicants. Each course shall be updated every year with current material regarding state laws and updated safety procedures. Each association that conducts training shall have a searchable database of all attendee records that shall be accessible to the Department during normal business hours. The association shall establish a trainer training program after the Department has approved the initial trainers. All trainers shall have a valid Driver Authorization Document from the Department.
All applicants shall take a drug test before receiving a Driver Authorization Document. It shall be the responsibility of the applicant's employer, if any, or, if there is no employer, the applicant to obtain and complete the test and report any failed test to the Department. Any person who fails to report such test to the Department is guilty of a Class 3 misdemeanor. All tow truck drivers employed by a towing and recovery operator shall complete at least one scheduled drug test during each 12-month period from the date of the initial license or renewal. Tow truck drivers shall be subject to random urine analysis drug and alcohol testing and shall be registered in a random drug and alcohol screening program.
2. That the provisions of this act shall become effective on January 1, 2025.
