§ 21-16-109. CHARGES FOR TOWING VEHICLES.

(a)

Proposed charges .

(1)

When applying for a license, the applicant for a trespass towing license shall file with the Department a schedule that includes:

(i)

Maximum fees that the applicant will charge for the use of the tow truck in connection with providing various kinds of towing service;

(ii)

A full and detailed statement of the service to be rendered for each stated amount of fee; and

(iii)

The maximum daily fees that the applicant will charge for the storage of a vehicle.

(2)

(i)

The Department shall establish a fee schedule for police-initiated towers.

(ii)

The Department shall review the fee schedule and consider changes to it at least one time each year.

(b)

Charge may not be changed . A licensee may not:

(1)

Change the trespass towing fees without filing with the Department an amended schedule showing the changes proposed;

(2)

Charge an owner more than the fee approved or established by the Department, as applicable, for the service provided; or

(3)

Charge an owner a fee for a service not approved or established by the Department, as applicable.

(c)

Department may reject the proposed charges .

(1)

The Department may reject the proposed trespass towing charges when the charges proposed are, in its opinion, excessive for the service to be performed.

(2)

If the Department rejects the proposed schedule of charges, the Department shall return the proposed schedule to the person engaged in the trespass towing business, with suitable notification of its reasons for rejecting it.

(1988 Code, § 24-233) (Bill No. 72-00, § 2, 7-1-2004; Bill No. 104-02, § 1, 1-5-2003; Bill No. 73-03, § 50, 7-1-2004; Bill No. 67-07, § 1, 10-14-2007)