SB 404 - This act modifies laws relating to emergency vehicle lighting and tow trucks, and requires the highway patrol to establish a rotation list procedure for requests for towing services.
MOVE OVER LAW - Under current law, motorists must take certain actions when approaching a stationary emergency vehicle displaying red or red and blue lights (Missouri Move Over Law). This act modifies this provision by requiring motorists to move over when approaching stationary emergency vehicles displaying red, yellow, blue, or white lights or any combination thereof (Section 304.022).
ROTATION LIST - This act requires the highway patrol to establish a rotation list procedure to be followed by law enforcement agencies for requesting wrecker or towing services for the removal of abandoned vehicles and vehicles improperly parked on private property.
The act requires each law enforcement agency to establish a rotation list of towing truck companies to be called to tow or remove disabled vehicles within the law enforcement agency's jurisdiction. Such towing truck companies shall comply with all criteria established by the law enforcement agency for inclusion on the law enforcement agency's rotation list. The act establishes the criteria for a rotation list.
Any towing truck company that violates the criteria established under the act for inclusion on the rotation list shall be removed from the rotation list of the law enforcement agency for a specified period of time as set forth in the act.
MINIMUM STANDARDS FOR TOWING COMPANIES - The act also requires certain towing companies to comply with additional regulations. Such towing companies shall have a storage lot or an enclosed building for the storage of vehicles with a total storage area of at least 2,000 square feet and fencing a minimum of 7 feet high. In addition, the towing company must maintain regular business hours for the business office of 8:00 a.m. to 5:00 p.m., Monday through Friday, for customers or their authorized agent to view and retrieve vehicles, with no additional fees charged to view or retrieve a vehicle during these regular business hours. The regulated towing companies must also have and maintain an operational land-line telephone at their places of business. The towing companies must maintain insurance policies in the amount prescribed by the U.S. Department of Transportation. In addition, such towing companies must maintain garage coverage liability coverage of $1,000,000 per occurrence with an aggregate of $2,000,000 or greater, garage keeper policy coverage with a $50,000 minimum, and hook and cargo insurance coverage with a $50,000 minimum. The act requires the regulated towing company to provide a $25,000 surety bond by a company licensed to do business in the state, or provide an irrevocable letter of credit from a financial institution licensed to do business in the state. The act also requires tow truck drivers to be certified by the Towing and Recovery Association of America (TRAA), or any state or federally funded program, and hold certain certifications. Similar towing standard provisions can be found in the truly agreed to version of SB 51 (2013).
The act also repeals the current exemption from the towing regulations enjoyed by towing companies located in second, third, and fourth class counties.
This act is identical to HB 693 (2013).