HOUSE BILL 253

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO MOTOR VEHICLE TOWING SERVICES; PROHIBITING CERTAIN FEES; PROVIDING FOR MINIMUM ACCESS HOURS AND CREDIT CARD PAYMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Carrier Act is enacted to read:

     "[NEW MATERIAL] TOWING SERVICES--PROHIBITED FEES--REQUIRED TIME FOR POSSESSION OR INSPECTION OF MOTOR VEHICLES--PERMITTING PAYMENT BY CREDIT CARD.--

          A. A towing service shall not charge fees that vary depending on the day or time of day that the owner or authorized representative of the owner of a towed motor vehicle requests possession or inspection of that motor vehicle if the request is initiated between the hours of 7:00 a.m. and 9:00 p.m. local time any day of the year. A towing service may charge a reasonable additional fee if the request is not initiated between the hours of 7:00 a.m. and 9:00 p.m. local time.

          B. A towing service shall have a representative available every day of the year to process requests for the possession or inspection of towed motor vehicles if the request is initiated between the hours of 7:00 a.m. and 9:00 p.m. local time. The representative shall be available on-site within one-half hour of receiving a request for the recovery or inspection of a towed motor vehicle.

          C. A towing service shall not charge a storage fee for any period of time less than twenty-four hours.

          D. A towing service shall accept payment by credit card for services rendered and fees."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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