Rule 570-38-7-.13 - Maximum Rates Established by the Department(1) The Department shall establish a maximum rate tariff applicable to towing and storage firms performing nonconsensual towing in this State.(2) The maximum rate tariff established by the Department shall be available to towing and storage firms and the public at the Department's website, and the Section shall make available to towing and storage firms a copy of the maximum rate tariff upon reasonable request.(3) In accordance with the Department's authority under O.C.G.A. § 40-1-8(c)(1), the maximum rate tariff established by the Department pursuant to this Rule may include and impose upon towing and storage firms additional rules, regulations, restrictions, duties, and other provisions relevant to nonconsensual towing. To the extent that a maximum rate tariff includes any such rules, regulations, restrictions, duties, and/or other provisions, it shall be adopted by administrative order in accordance with the requirements of O.C.G.A. § 40-1-8(c)(1).(4) At least 30 days prior to any change in the maximum rate tariff established by this Rule, the Department shall make available a copy of the proposed revised tariff to NCT permit holders and the public and shall conspicuously note thereupon the expected effective date of the revised tariff. The Department shall provide for a method by which NCT permit holders and members of the public may comment upon the revised proposed tariff and may, but shall not be required to, make modifications to the proposed revised tariff in response to such comments. The Department may, but shall not be required to, modify the effective date of the proposed revised tariff in response to comments received and modifications made to the proposed revised tariff.(5) No towing and storage firm performing nonconsensual towing services shall charge a rate higher than the rates prescribed by the Department's maximum rate tariff for any such services. A towing and storage firm that violates this rule is subject to adverse action pursuant to Rule 570-38-1-.09.(6) No towing and storage firm shall charge or collect a storage fee or a fee that is effectively a storage fee: (a) for the first 24-hour period from the time a motor vehicle is removed from private property;(b) for any day on which the impound lot where a vehicle is stored is closed or the vehicle is otherwise unavailable to the vehicle owner for redemption; or(c) once the vehicle has been claimed and payment is tendered to the towing and storage firm in the amount specified on the receipt and the vehicle has been removed from the impound facility.(7) The fees stated in the maximum rate tariff shall be all inclusive. No additional fees may be charged for the use of dollies, trailers, lifts, slim jims or any other equipment or service. Only charges or rates for storage and removal that are approved by the Department and contained in the Department's Maximum Rate Tariff for Nonconsensual Towing shall be billed or collected by the towing and storage firm for towing or storage service. It is a violation of this Rule for any towing and storage firm to bill or collect fees or charges which are not expressly permitted by such Maximum Rate Tariff.(8) No additional charges shall be assessed for storage of the vehicle once the vehicle has been claimed and payment is tendered to the towing company in the amount specified on the receipt and the vehicle has been removed from the impoundment facility. The receipt issued by the wrecker or towing service to the customer, and such service's office copy of such receipt, must reflect all fees collected for the redemption of the vehicle.(9) Upon determining that a towing and storage firms is in violation of this Subchapter, O.C.G.A. § 44-1-13, or Chapter 1 of Title 40 of the Official Code of Georgia, the Department may prohibit such firm from charging or collect fees which pertain to any nonconsensual towing activities which occurred or later occur during the course of such violation(s).Ga. Comp. R. & Regs. R. 570-38-7-.13
O.C.G.A. §§ 40-1-54, 44-1-13.
Original Rule entitled "Maximum Rates Established by the Department" adopted. F. Apr. 21, 2020; eff. May 11, 2020.