Tuesday, October 14, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2260: Towing and recovery operators; eliminates requirement to obtain written authorization from owner.
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1232 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1232. Localities may regulate removal or immobilization of trespassing vehicles.
A. The governing body of any county, city, or town may by ordinance regulate the removal of trespassing vehicles from property by or at the direction of the owner, operator, lessee, or authorized agent in charge of the property. In the event that a vehicle is towed from one locality and stored in or released from a location in another locality, the local ordinance, if any, of the locality from which the vehicle was towed shall apply.
B. No local ordinance adopted under authority of this section shall require that any towing and recovery business also operate as or provide services as a vehicle repair facility or body shop, filling station, or any business other than a towing and recovery business.
C. Any such local ordinance may also require towing and
recovery operators to (i) obtain and retain photographs or other documentary
evidence substantiating the reason for the removal; and (ii)
post signs at their main place of business and at any other location where
towed vehicles may be reclaimed conspicuously indicating (a) the maximum
charges allowed by local ordinance, if any, for all their fees for towing,
recovery, and storage services and (b) the name and business telephone number
of the local official, if any, responsible for handling consumer complaints;
and (iii) obtain, at the time the vehicle is towed, the written authorization
of the owner of the property from which the vehicle is towed, or his agent.
Such written authorization, if required, shall be in addition to any written
contract between the towing and recovery operator and the owner of the property
or his agent. For the purposes of this subsection, "agent" shall not
include any person who either (a) is related by blood or marriage to the towing
and recovery operator or (b) has a financial interest in the towing and
recovery operator's business.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.