HOUSE TRANSPORTATION AND PUBLIC WORKS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 253

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

AN ACT

RELATING TO MOTOR VEHICLE TOWING SERVICES; PROHIBITING CERTAIN FEES; PROVIDING FOR MINIMUM ACCESS HOURS AND IN-PERSON AUTHORIZATION FOR TOWING FROM PRIVATE PROPERTY; PROHIBITING KICKBACKS; PROVIDING A PENALTY.

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 or access to that motor vehicle if the request is initiated between the hours of 7:00 a.m. and 7:00 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 7:00 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 7:00 p.m. local time. On weekdays, 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, unless the motor vehicle has been towed or impounded pursuant to a DWI arrest or a criminal investigation by a law enforcement agency. On weekends and federal holidays, the representative shall be available on-site within one hour of receiving a request for the recovery or inspection of a towed motor vehicle, unless the motor vehicle has been towed or impounded pursuant to a DWI arrest or a criminal investigation by a law enforcement agency. A towing service shall not require the payment of any portion of a towing or storage fee as a precondition of inspecting a towed motor vehicle. A towing service shall have a representative available twenty-four hours a day, every day of the year, on one hour's notice and at no charge, to respond to a request from the owner or authorized representative of the owner of a towed motor vehicle to retrieve medication or medical supplies from that motor vehicle.

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

          D. When a towing service is requested by a person other than the owner or authorized representative of the owner of a motor vehicle to tow a motor vehicle from private property, the owner of the private property from which the motor vehicle is being towed, or the owner's authorized representative, shall be physically present on the property from which the motor vehicle is being towed at the time that the motor vehicle is towed. A towing service shall not tow a motor vehicle from private property without having a towing invoice personally signed by the owner of the private property from which the motor vehicle is being towed, or by the owner's authorized representative. For the purpose of this subsection, neither the towing service nor any employee or agent of the towing service may be the owner's authorized representative for the purpose of signing a towing invoice.

          E. A towing service shall not provide remuneration in any form to the owner of real property from which the towing service is authorized to tow motor vehicles. A person who violates the provisions of this section is guilty of a petty misdemeanor."

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

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