LGC 10.4 — No Predatory Towing Act

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NO PREDATORY TOWING ACT

1. No tow truck driver or towing and recovery operator in the Lincoln Region shall:

A. Use fraud or deceit in the offering or delivering of towing and recovery services;

B. Conduct his business or offer services in such a manner as to endanger the health, safety, and welfare of the public;

C. Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;

D. Obtain any fee by fraud or misrepresentation;

E. Remove or tow a trespassing vehicle pursuant to law, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the State in which the trespassing vehicle is located;

F. Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services;

G. Neglect to maintain on record at the towing and recovery operator's principal office a list of all drivers employed by the towing and recovery operator;

H. Advertise services in any manner that deceives, misleads, or defrauds the public;

I. Advertise or offer services under a name other than one's own name;

J. Fail to accept for payment cash, insurance company check, certified check, money order, visa credit/debit cards, and mastercard credit/debit cards.

K. Fail to display at the towing and recovery operator's principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;

L. Fail to have readily available at the towing and recovery operator's principal office, at the customer's request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;

M. Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered. Storage fees shall not exceed $100 per week. The fee charged if a car is hooked up for towing but then released to the owner at the same location without being transported anywhere shall not exceed $50.

N. Fail to maintain all towing records, which shall include (but is not necessarily limited to) a record of all vehicles currently stored at the towing facility, and itemized fees, for a period of one (1) year from the date of service;

M. Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any government;

N. Employ a driver required to register as a sex offender;

O. Refuse, at the towing and recovery operator's place of business, to make change, up to $100, for the owner of the vehicle towed without the owner's consent if the owner pays in cash for charges for towing and storage of the vehicle;

P. Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the treasury from the appropriation for criminal charges;

Q. Act with gross negligence or reckless disregard to the property of another; or

R. Knowingly permit another person to occupy a motor vehicle while such motor vehicle is being towed.

S. Attempt to Tow a Vehicle while it is still occupied by the owner or driver, or remove such person from the vehicle to tow it, unless a member of law enforcement with probable cause to arrest such person is present.

2. Any tow truck driver or towing and recovery operator who violates a provision of this act shall be guilty of a misdemeanor punishable by a fine of not more than $10,000.00, restitution, and disgorgement of any profits resulting from violation. Any tow truck driver or towing and recovery operator who is convicted of three (3) or more violations of this act in a five (5) year period shall be prohibited from engaging in business as a tow truck driver or towing and recovery operator in the Lincoln Region for three (3) years. Any tow truck driver or towing and recovery operator who is convicted of a violation of this act during a suspension of their license to engage in such business shall additionally face forfeiture of any tow truck used in the commission of the violation.

3. Any person who incurs economic harm resulting from a violation if this act may maintain a civil suit to recover actual damages and reasonable legal costs. If the plaintiff can prove that the defendant has committed three (3) or more violations of this act in a five (5) year period shall be entitled to treble damages and reasonable legal costs.

4. This act shall take effect immediately.

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