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*sb0578*
SENATE BILL 578
E4 (6lr3125)
ENROLLED BILL
— Judicial Proceedings/Environment and Transportation —
Introduced by Senator James
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _______________ _________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Public Safety – Department of State Police – Police–Initiated Towing – 2
Alterations 3
FOR the purpose of altering certain provisions related to the rates the Department of State 4
Police sets for towing companies involved in certain police–initiated towing to 5
include the towing and recovery of certain light–duty vehicles; altering the duties of 6
the Committee on Rate Setting and Complaint Resolution for Police–Initiated Towing 7
and Recovery; and generally relating to police–initiated towing of motor vehicles. 8
BY repealing and reenacting, with amendments, 9
Article – Public Safety 10
Section 2–314 and 2–314.1 11
Annotated Code of Maryland 12
(2022 Replacement Volume and 2025 Supplement) 13
2 SENATE BILL 578
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Public Safety 3
2–314. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Approved rates” means the maximum rates approved by the 6
Department that apply to police–initiated towing and recovery services. 7
(3) “Authorized tow company” means a company providing towing and 8
recovery services at the request of the Department and designated on the tow list. 9
(4) “Heavy–duty towing” means towing and recovery of a vehicle including 10
trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds. 11
(5) “LIGHT–DUTY TOWING ” MEANS TOWING AND REC OVERY OF A 12
VEHICLE INCLUDING TRAILERS OR SEMITRAILERS WITH A GROSS VEHICLE WEIGHT 13
RATING OF 10,000 POUNDS OR LESS. 14
[(5)] (6) “Medium–duty towing” means towing and recovery of a vehicle 15
including trailers or semitrailers with a gross vehicle weight rating from over 10,000 16
pounds to 26,000 pounds. 17
[(6)] (7) “Per pound billing” means a method of calculating a fee for 18
towing and recovery services using a formula that considers the weight of the vehicle, 19
equipment, or cargo that is the subject of the towing and recovery and multiplies the weight 20
of the vehicle, equipment, or cargo by a monetary amount. 21
[(7)] (8) “Police–initiated towing” means the towing or recovery of a 22
[commercial] motor vehicle which was authorized, re quested, or dispatched by the 23
Department. 24
[(8)] (9) “Recovery” means winching, hoisting, up –righting, removing, or 25
otherwise relocating a vehicle when the vehicle is found in a location, state, or position in 26
which it cannot be removed from the location, state, or position using only the vehicle’s own 27
power, even if it were in complete operating condition. 28
[(9)] (10) “Tow list” means the list of towing businesses authorized by the 29
Department to perform police –initiated towing services of disabled or a bandoned 30
commercial vehicles within the Department’s jurisdiction. 31
[(10)] (11) “Towing” means using another vehicle to move or remove a 32
vehicle. 33
SENATE BILL 578 3
(b) The Department shall: 1
(1) establish and maintain a tow list, by county, of qualifying tow 2
companies for use by the Department in carrying out the duties of this subtitle; and 3
(2) make the tow list available to the public on request. 4
(c) The Department may adopt regulations to establish standards for tow 5
companies, including application procedures and minimum qualification requirements, and 6
must include on the list all qualifying tow companies. 7
(d) The Department shall: 8
(1) require a tow company that is on the tow list to ban the use of per pound 9
billing by October 1, 2023; 10
(2) establish the approved rates for LIGHT–, medium–, and heavy –duty 11
towing and recovery that may be charged by a tow company on the tow list by January 1, 12
2024, BASED ON RECOMMENDATIONS MADE BY THE COMMITTEE ON RATE SETTING 13
AND COMPLAINT RESOLUTION FOR POLICE–INITIATED TOWING AND RECOVERY 14
ESTABLISHED UNDER § 2–314.1 OF THIS SUBTITLE; and 15
(3) develop a process to receive, investigate, and adjudicate complaints 16
from a vehicle owner or operator or the owner’s designee against an authorized tow 17
company regarding the police–initiated towing of a commercial motor vehicle, including a 18
process to suspend or remove an authorized tow company from the tow list. 19
(e) (1) An authorized tow company may charge less than but may not charge 20
more than the approved rates authorized by t he Department for a police –initiated towing 21
and recovery. 22
(2) THE APPROVED RATES FOR LIGHT–DUTY TOWING AND RECOVERY 23
MAY NOT EXCEED A PERCENTAGE OF THE 80% OF THE MAXIMUM APPROVED RATES 24
FOR MEDIUM–DUTY TOWING AND RECOVERY CHARGED BY A TOW COMPANY. 25
(f) If a vehicle owner or the owner’s designee requests the use of a specific towing 26
company, the Department shall honor that request and allow the vehicle owner to engage 27
the services of the requested towing company except when: 28
(1) the requested towing co mpany cannot arrive at the location of the 29
vehicle within a reasonable time period; 30
(2) a traffic safety problem exists and the requested towing company 31
cannot arrive at the location within 30 minutes of a police employee’s arrival at the location 32
of the vehicle; or 33
4 SENATE BILL 578
(3) the vehicle is disabled in the roadway as a result of a collision or vehicle 1
fire and the requested towing company cannot arrive within 30 minutes of a police 2
employee’s arrival at the location of the vehicle. 3
2–314.1. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Approved rates” has the meaning stated in § 2–314 of this subtitle. 6
(3) “Committee” means the Committee on Rate Setting and Complaint 7
Resolution for Police –Initiated LIGHT–DUTY, Medium–Duty, and Heavy –Duty Towing 8
and Recovery. 9
(4) “Police–initiated towing” has the meaning stated in § 2 –314 of this 10
subtitle. 11
(5) “Recovery” has the meaning stated in § 2–314 of this subtitle. 12
(b) There is a Committee on Rate Setting and Comp laint Resolution for 13
Police–Initiated LIGHT–DUTY, Medium–Duty, and Heavy–Duty Towing and Recovery. 14
(c) The Committee consists of the following members: 15
(1) two representatives of the Towing and Recovery Professionals of 16
Maryland, appointed by the Pre sident of the Towing and Recovery Professionals of 17
Maryland; 18
(2) a representative of the Maryland Motor Truck Association, appointed 19
by the President of the Maryland Motor Truck Association; 20
(3) a representative of the Owner –Operator Independent Driv ers 21
Association, appointed by the President of the Owner –Operator Independent Drivers 22
Association; 23
(4) a representative of the Maryland Transportation Authority Police, 24
appointed by the Secretary of Transportation; 25
(5) a representative of the State Highway Administration, appointed by the 26
Administrator of the State Highway Administration; and 27
(6) a representative of the Maryland Insurance Administration, appointed 28
by the Insurance Commissioner. 29
(d) (1) A member of the Committee shall be appointed for a 3–year term. 30
SENATE BILL 578 5
(2) A member of the Committee may be reappointed at the end of the 1
member’s term. 2
(e) The Department shall provide staff support for the Committee. 3
(f) A member of the Committee: 4
(1) may not receive compensation as a member of the Committee; but 5
(2) is entitled to reimbursement for expenses under the Standard State 6
Travel Regulations, as provided in the State budget. 7
(g) The Committee shall: 8
(1) on or before December 1, 2023, recommend approved rates FOR 9
LIGHT–DUTY, MEDIUM–DUTY, AND HEAVY –DUTY TOWING AND RECO VERY to the 10
Department that should be charged for police–initiated towing and recovery services; 11
(2) meet at least once every 3 years to review and consider modification of 12
the approved rates; 13
(3) request info rmation and comments from other parties of interest to 14
assist with its work; 15
(4) recommend to the Department a process for resolving towing 16
complaints; and 17
(5) EXAMINE AND REPORT O N INSURANCE MATTERS RELATED TO 18
VEHICLES REGISTERED AND INSURED OUT OF STATE; 19
(6) EXAMINE AND REPORT O N INSURANCE MATTERS RELATED TO 20
COST AND CLEANUP OF CARGO AND DEBRIS; AND 21
(7) TO: 22
(I) VEHICLES REGISTERED AND INSURED OUTSIDE THE STATE; 23
AND 24
(II) THE COST AND CLEANUP OF CARGO AND DEBRIS; AND 25
(6) make any additional recommendations to the Department that the 26
Committee considers appropriate. 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2026. 29