La. Admin. Code tit. 55 § I-1941

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1941 - Storage and Towing Facilities; General Requirements; Procedures

A. A facility may only store and charge storage on vehicles that are in the facility's actual possession, located within the licensed storage area and meets the requirements of this Chapter.

B. Vehicles shall be released immediately to the vehicle owner or lien holder, or authorized representative once payment is made, any applicable lien holder requirements (R.S. 32:1720.1) are met, and any applicable documented law enforcement or department hold orders are released.

1. Authorized representative shall mean anyone who has obtained written authorization from the vehicle owner or lien holder. Written authorization shall contain the name of the authorized agent, the name and signature of the vehicle owner or lien holder, a phone number for the vehicle owner or lien holder, and a description of the vehicle including the year, make, model, and color. Written authorization does not need to be notarized if signature of the owner or lien holder is witnessed and contains a photocopy of the owner's government issued photo identification. Written authorization shall be maintained with the vehicle file at the towing and/or storage facility' place of business. The requirement of written authorization shall not apply to an insurance company or its representative as provided in R.S. 22:1292(C)(2).

C. Storage and towing facilities shall provide for the security and safety of vehicles stored in accordance with this Chapter. Storage areas shall have security barriers or safety apparatus suitable to insure the security of the property contained therein. Outside storage areas shall be enclosed by at least a 6 foot high chain link fence, or fence of similar strength or solid wall sufficient to protect against loss, trespass or vandalism. The loss, damage, theft or misappropriation of a stored vehicle or its contents shall be evidence of a violation of this provision, if the loss, damage, theft or misappropriation was supported by sufficient evidence.

D. Storage and towing facilities shall have a clearly visible sign maintained at all times at the business office and at the entrance to any outside storage area, stating the name of the business, telephone number and hours of operation. An after-hour telephone number shall be included on the sign advising the public how to make contact for the release of vehicles, contents or personal property prior to any company charging a gate fee.

E. Removable personal items shall not be withheld by the towing or storage facility. Any person with picture identification, who shows proof of ownership, or written authorization from the stored vehicle's registered or legal owner, may inspect, photograph, view the vehicle and remove non-affixed personal property, including the license plate, without charge during normal business hours. These items will be released to the owner or person authorized by the vehicle owner upon request if there is no police hold on them.

F. Storage areas shall be adequate in size and construction for storing vehicles.

G. Whenever any vehicle has been towed to a storage facility, other than by owner's request, the owner or operator of the storage facility shall comply with the law enforcement notification requirements found in R.S. 32:1718.

H. The shared use of a storage facility, towing facility, business office or tow trucks by two or more different towing or storage companies is expressly prohibited.

I. Towing and storage operators will maintain all records dealing with the towing and storage of vehicles for a minimum of three years.

J. Towing or storage companies shall not store vehicles or charge for a service performed by another business or individual, unless the vehicle's owner authorizes the service or the vehicle's transfer to another business in writing.

K. All third party tows or storage shall be prohibited, unless authorized by a law enforcement agency or in writing by the towed or stored vehicle's owner prior to the move.

L. Vehicles shall be handled and returned in substantially the same condition as they existed before being towed or stored.

M. Personal property left in a vehicle and not claimed prior to a company obtaining a permit to sell on said vehicle, shall be disposed of in accordance with existing applicable civil law.

N. The address that the towing or storage service lists on its applications shall be the business location where its business records are kept.

O. Vehicle repairs shall be authorized specifically by signature of vehicle owner or operator.

P. Towing and Storage Invoices, Bills, Repair Statements and Vehicle Repair Authorization Forms

1. All invoices, bills, statements and vehicle repair authorization forms shall be legible and include:

a. the legal name of the business and the physical and mailing address;

b. the vehicle description, VIN, license plate number, state of issue, vehicle year, vehicle make, and vehicle model and;

c. contain itemized charges for service as they occur.

2. All towing and storage invoices, bills, statements and vehicle repair authorization forms shall be:

a. provided to a vehicle owner at the time of recompense;

b. consecutively numbered and filed by number;

c. completed to indicate the date the vehicle was released, the person's name, driver's license number and signature of the person taking possession of the vehicle; and

d. readily available, containing all the required information, along with voided invoices, upon request by virtue of either being kept on the actual premises or electronically produced via fax or other similar technological medium with 10 minutes.

3. Towing invoices shall include the following legible information and shall be maintained with the towed vehicle at all times:

a. the requirements enumerated in Paragraph 1 above;

b. date, time and location of tow or service;

c. the tow-truck operator's name and time of dispatch; and

d. name and driver's license number of vehicle owner, operator, or other person with authority to authorize the tow, or the name of the law enforcement agency requesting and authorizing the tow.

e. a copy of a towing and storage report issued by a law enforcement or other public agency shall exempt the towing company from the invoice requirements for the initial tow. The towing invoice shall be completed once the vehicle arrives at the storage facility or other destination as directed by the law enforcement agency or the owner or operator of the vehicle.

Q. Storage facilities shall maintain storage records at the individual locations, which shall include at least the following information:

1. date and time call for service was received and location of vehicle if towed;

2. name of the person and company requesting and authorizing the tow or service;

3. description of the vehicle including VIN, license number and state, year, make, model and color;

4. the tow truck operator's name, if towed;

5. the date and location vehicle was placed in storage;

6. proof of filing ORSV or exceptions listed in the Towing and Storage Act;

7. letters of notification as required by these rules and law;

8. proof of all administrative costs; and

9. records of release of vehicles shall include the date and legal name, driver's license number of the person the stored/towed vehicle was released to.

10. records from the sale of a vehicle including the bill of sale with sale price, copies of the permit to sell, name of the buyer; and

11. proof of law enforcement notification as required in R.S. 32:1718.

La. Admin. Code tit. 55, § I-1941

Promulgated by the Department of Public Safety and Corrections, Office of the State Police, LR 32:862 (May 2006), amended LR 36:2580 (November 2010), LR 40:800 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:1714.