| Q1. |
Is "non-consensual" towing the same as "private
property trespass" towing?
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| A. |
Yes. Non-consensual towing is the act of towing vehicles improperly parked or trespassing on private
property, at the request of the property owner or their authorized agent, without prior consent or
authorization of the owner or operator of the vehicle.
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| Q2. |
Are all wrecker services required to apply for a non-consensual permit? |
| A. |
No. Only wrecker services engaged in private property trespass towing operations from private property
are required to obtain a permit. Private property is all property that is not Government property. Government
property is streets, highways, military locations and property with government buildings.
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All though all wrecker services are not required to apply for a non-consensual towing permit there
are only two exceptions for not applying:
| 1.
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The wrecker company only performs towing with the vehicle owner or operator's consent.
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| 2.
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Companies that perform tows that are an extension of lawful law enforcement activity
and who do not otherwise perform nonconsensual tows from private property would not be
required to get a Commission permit.
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| Q3. |
Can I apply for a permit if I don't have a secure impoundment facility? |
| A. |
No. Each wrecker service must either own or lease a secure impoundment
facility.
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| Q4. |
What is the definition of a "secure" impoundment facility? |
| A. |
The impoundment facility must be fenced with a minimum of six (6) feet fencing, lighted and equipped
with a lock or enclosed building. The impoundment facility must be located in the same County as
the tow service office unless otherwise approved by the Commission.
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| Q5. |
How do I apply for a Non-consensual permit? |
| A. |
Submit a notarized application along with the $300.00 application fee and a copy of a current certificate
of insurance for your company. Please find the application form and instructions, under forms at this
web page.
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| Q6. |
The city that I'm based in issues non-consensual
permits; can I obtain a permit from them instead of the GA PSC?
|
| A. |
No. HB-316 passed by the 2007 State Legislature and became Effective July 1, 2008 granted concurrent
jurisdiction to the state and municipalities. It requires that towing and storage firms operating within
a municipality's corporate limits shall obtain a nonconsensual towing permit from the Commission and shall
file its registered agent's name and address with the Commission.
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| Q7. |
What is the Non-consensual Towing Maximum Rate Tariff? |
| A. |
A Maximum Rate Tariff is schedule of rates and charges prescribed (set)
by the GA PSC for towing and storage of trespassing vehicles.
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| Q8. |
When can I charge storage fees? |
| A. |
No storage fees can be charged for the first 24 hour period beginning at the time the vehicle is
removed from the property. Storage charges may apply for each day after the first 24-hours that
the vehicle is available to be redeemed. Storage charges cannot apply for days the business is
closed and not accessible for the vehicle owner to redeem the vehicle.
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| Q9. |
Am I required to allow the vehicle owner to go on the impound lot to:
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| |
| (1.) |
Inspect the vehicle prior to redeeming it? |
| A. |
The insurance provider limits access to the impound lot to the insured, employees, certificate holder
or additional insured. There are no laws mandating the allowance of an inspection of a vehicle prior to
redeeming it. However GA Code 40-11-7(d) makes it a misdemeanor for any person who abandons a derelict
vehicle and upon conviction shall pay a fine not to exceed $500.00 and payment of all costs of having such
derelict motor vehicle removed, stored, and sold as provided for in this code section.
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| (2.) |
Remove belongings from the vehicle? |
| A. |
Most insurance policies limit or restrict access to the impound lot to employees and certificate holder or
additional insured. There are no laws that mandate allowing the vehicle owner access to the vehicle, however,
our requirements are that the owner, upon presenting acceptable proof of ownership be allowed at least one
opportunity to retrieve personal items not attached to the vehicle.
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| Q10. |
How many times do I have to allow some one access to their vehicle to retrieve personal items?
|
| A. |
There are no laws or rules setting limitations on the number of times a tow service must allow an owner access to the impounded
vehicle. However, the owner, upon presenting acceptable proof of ownership, should be allowed at least one opportunity to retrieve
personal items not attached in any way to the vehicle. The required Garage Keepers Liability Insurance in most instances restricts
access to the impound area to owner and employees of the company and listed certificate holders. In these cases other arrangements
for retrieval of personal property should be made. With permission from the owner or agent and a key provided by the owner, the
tow service may use a list provided by the vehicle owner and remove those items from the vehicle and give to the owner. It is
recommended that the owner sign for receipt of these items; or with permission from the owner or agent and a key from the owner, the
tow service may pull the car to the public parking area and allow the owner to remove the personal items; once again it is recommended
the owner sign for receipt of these items.
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No owner should remove items from the vehicle with the express intention of knowingly abandoning the vehicle. In Georgia knowingly
abandoning a vehicle is subject to a mis-demeanor violation.
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| Q11. |
Can I pick up a trespassing vehicle if a notice has not been
posted on the property?
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| A. |
No. Signs must be posted for at least 24 hours before any trespassing
vehicles can be removed from the property.
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| Q12. |
Are there any exceptions to the sign requirements? |
| A. |
Yes. The sign requirements do not apply to owner(s) of private residential
property containing not more than four residential units.
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| Q14. |
Can I charge a fee if the owner or operator of vehicle returns
before I leave the property?
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| A. |
No fee may be charged if the trespassing vehicle has not been hooked with the hoisting apparatus or loaded by the
wrecker service and the operator can produce the ignition key and immediately remove the vehicle from the
property. A wrecker service may charge up to $50.00 for vehicles under 20,000 GVWR or $100.00 for vehicles
over 20,000 GVWR if the trespassing vehicle has been hooked or loaded but has not been removed from the
private property.
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| Q15. |
Is it legal to provide an automatic surveillance or patrol
surveillance service to remove trespassing vehicles?
|
| A. |
No. Automatic surveillance is strictly prohibited and punishable by a fine of $1,000.00. The property owner or their
agent must contact the wrecker service and be present to sign the tow ticket for each individual case of
trespass. It is unlawful to enter into any agreement with a property owner to provide automatic surveillance.
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| Q18. |
Am I required to have a non-consensual towing permit if I am on a Law Enforcement rotation or call out list and that is
the only form of towing I do?
|
| A. |
Yes. Unless the tow that is being performed meets the following condition:
| Tows that are an extension of lawful law enforcement activity and who do not otherwise
perform nonconsensual tows from private property would not be required to get a Commission permit.
|
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| |
Why? Looking at 44-1-13:
| "(a.1)...Only towing and storage firms issued permits or licenses by the local governing authority of the
jurisdiction in which they operate or by the commission, and having a secure impoundment facility, shall be
permitted to remove trespassing property and trespassing personal property at the request of the owner or
authorized agent of the private property."
|
| "(d)(1) In addition to the regulatory jurisdiction of the commission, the governing authority of each municipality
having towing and storage firms operating within its territorial boundaries may require and issue a license or permit
to engage in private trespass towing within its corporate municipal limits pursuant to this Code section to any firm
meeting the qualifications imposed by said governing authority..."
|
| "(2) Towing and storage firms operating within a municipality's corporate limits shall obtain a nonconsensual towing
permit from the commission and shall file its registered agent's name and address with the commission."
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Based on the above any towing co. performing nonconsensual tows of trespassing vehicles from private property at the property owner's
request SHALL obtain a permit from the Commission. This rule applies even where the tow takes place within city limits. (To avoid confusion,
companies that perform tows that are an extension of lawful law enforcement activity and who do not otherwise perform nonconsensual tows from
private property would not be required to get a Commission permit). The Commission has the ultimate authority on nonconsensual tows from private
property of trespassing vehicles that the property owner requests be moved and the city merely gets concurrent jurisdiction in addition to the
Commission's, to require an ADDIITONAL permit/fee, allow lower rates, or require higher cargo insurance limits on tow companies operating wholly
within the city's limits
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| Q19. |
Can I operate my tow service office from my residence? |
| A. |
If the residence meets the Office Requirements and requirements for records and reports it is acceptable.
| 1.
|
The office must maintain normal business hours for both public access and access by the Commission.
Please note: The Commission does not make appointments.
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| 2.
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The vehicle owner cannot be required to call ahead. They may come by anytime during normal business
hours to redeem their vehicle.
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| 3.
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The normal business hours and lunch hour must be posted.
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| 4.
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The wrecker service must have a listed public business telephone number.
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| 5.
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The records shall be maintained at a location where Commission representative may review in person
during normal business hours.
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| If you have additional questions, please contact us. |
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