Rule 570-38-7-.15 - Requests for Nonconsensual Towing(1) It shall be unlawful and a violation of these Rules for a towing and storage firm to engage in nonconsensual towing without an authorized contract signed by the property owner or other authorized agent for the property owner of the subject property and the towing company in the form prescribed by the Department. A copy of the contract shall be made available to the Department representatives, upon request. The contract must contain the name, address and phone number of the respective towing company, the location of the impoundment facility, and hours of operation. The contract may contain costs for removal of the vehicle and the charges for storage of towed vehicles, in which case such costs and charges shall not exceed those authorized by this Subchapter. The contract must also contain the names and contact number(s) of the person(s) authorized to request the removal of a vehicle from said property.(2) A towing and storage firm shall not perform nonconsensual towing unless the requested nonconsensual towing movement is specifically and individually requested on the day the removal takes place from the real property owner or his contractually-designated agent. The request may be made by telephone call or in writing in either printed or electronic form. The request must specifically identify and request removal of the vehicle or vehicles to be towed or removed. The real property owner or his contractually-designated agent must receive an original written tow authorization or tow bill dated and signed on the date of the tow by the real property owner or such property owner's designated agent. The tow authorization or tow bill may be transmitted and returned in person at the scene of the tow, by facsimile or by email, on the date of the tow, on forms prescribed by the Department. The tow authorization or bill must be signed by the real property owner or contractually-designated agent and shall include: (a) The name of the business or property;(b) The name and title of the real property owner or contractually designated agent;(c) The name of the party who requested the removal;(d) The specific location of the requested removal;(e) Vehicle identifying information: make, model, color, license plate state and number; and(f) For authorizations transmitted by email, a statement that the transmittal serves as authorization from the business owner to proceed with removal.(8) The towing and storage firm shall maintain for three years copies of telephone records, faxes and e-mail messages requesting removal as proof of the time and date such removal was requested, as well as the signed authorization for removal from the property owner or such owner's agent.Ga. Comp. R. & Regs. R. 570-38-7-.15
O.C.G.A. §§ 40-1-54, 44-1-13.
Original Rule entitled "Requests for Nonconsensual Towing" adopted. F. Apr. 21, 2020; eff. May 11, 2020.