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SECOND REGULAR SESSION
HOUSE BILL NO. 1741
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE GRIFFITH.
5532H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 304, RSMo, by adding thereto one new section relating to towing of
commercial vehicles, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 304, RSMo, is amended by adding thereto one new section, to be
2 known as section 304.162, to read as follows:
304.162. 1. As used in this section, the following terms mean:
2 (1) "Commer cial vehicle", any self-pr opelled or towed vehicle that has a gr oss
3 vehicle weight rating of mor e than ten thousand pounds;
4 (2) "Department", the department of transportation;
5 (3) "Gr oss vehicle weight rating", the same meaning given to the term in section
6 302.700;
7 (4) "Nonconsensual tow", the movement or transportation of a commerci al
8 vehicle by a tow truck if such movement or transportation is performed without the
9 prior consent or authorization of the owner or operator of the commer cial vehicle. Such
10 term also includes any tow of a commer cial vehicle order ed by a law enforcem ent
11 agency without the prior consent or authorization of the owner or operator of the
12 commer cial vehicle;
13 (5) "T ow truck", the same meaning given to the term in section 304.153;
14 (6) "T owing company", the same meaning given to the term in section 304.153.
15 2. The department of transportation shall establish pr ocedur es to addr ess
16 nonconsensual towing, r ecovery , and cleanup practices relat ed to the rem oval of
17 commer cial vehicles fr om r oadways; pr ocedur es to receiv e, investigate, and adjudicate
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 complaints fr om an owner , operator , or insur er of a commer cial vehicle involved in a
19 nonconsensual tow; and proce dures for pr ohibiting towing companies fro m performing
20 nonconsensual tows if they are found to be in violation of this section. The proced ures
21 developed under this section shall be contained in the department of transportation's
22 towing services standards manual. All nonconsensual towing, recov ery , and cleanup
23 practices shall comply with this section, the department of transportation's towing
24 services standards manual, and all other applicable laws and r egulations.
25 3. The pr ocedur es established by the department under this section shall
26 include, at a minimum:
27 (1) A process for an owner , operator , or insur er of a commer cial vehicle to file a
28 complaint against a towing company . All complaints filed under this section shall
29 contain the name of the complainant; the complainant's addr ess; the complainant's
30 phone number; the complainant's email addr ess, if available; the name of the towing
31 company; the causes of the complaint; and any other facts and documentation
32 determined by rule to be of assistance to the department in investigating the complaint;
33 (2) A pr ocess for the department to rev iew a complaint and any supporting facts
34 and documentation and to ren der an initial finding. The department shall ensure its
35 pr ocess includes an opportunity for the complainant or towing company to appeal an
36 initial decision before the department makes a final determination on the matter;
37 (3) Factors the department shall consider in determining whether a charge
38 levied by a towing company was fair and r easonable. Such factors may include, without
39 limitation, whether the towing vehicles, all other equipment, and number of employees
40 and contractors wer e re quir ed to complete the tow; whether the charges are fair ,
41 r easonable, and customary; whether the total amount of time requi red for the service
42 was necessary; the location of the vehicle being r ecovered ; materials or cargo involved;
43 and any other information r egarding the r ecovery , towing, or storage of a commer cial
44 vehicle;
45 (4) Requirem ents for information that shall be included on every nonconsensual
46 towing and reco very invoice, such as the name, addr ess, and telephone number of the
47 towing company; the date and time that the req uest for service was rece ived; contact
48 information for the party that requ ested the service; and the time of dispatch, time of
49 arrival at the scene, and time at which the scene was cleared . Every invoice for a
50 nonconsensual tow shall include the words:
51 "Nonconsensual tows ar e r egulated by the Missouri Department of
5 2 T ransportation. If you feel that you have been tr eated unfairly or pro vided a
53 service that was unnecessary , you may file a complaint with the Missouri
54 Department of T ransportation."; and
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55 (5) A disciplinary matrix for any towing company found to be in violation of this
56 section or the department of transportation's towing services standards manual. The
57 matrix shall:
58 (a) Be weighted based on the severity and number of violations;
59 (b) Include pro visions for temporarily or permanently pr ohibiting a towing
60 company fr om performing nonconsensual tows; and
61 (c) Include a process for the department to communicate to the Missouri state
62 highway patrol and other state and local law enforcem ent and emergency services
63 agencies any suspension or revoca tion of a towing company's authority to perform
64 nonconsensual tows.
65 4. T o assist the department in implementing this section, the department may
66 establish a "T owing and Recovery Review Board".
67 (1) The board shall consist of seven members to be appointed by the dir ector of
68 the department of transportation, including:
69 (a) One member who is an employee of the department;
70 (b) One member who is an employee of the Missouri state highway patrol;
71 (c) One member repr esenting local law enforcem ent agencies in this state;
72 (d) One member rep res enting motor carriers in this state;
73 (e) One member repr esenting towing companies in this state;
74 (f) One member repr esenting independent owner -operator truck drivers in this
75 state; and
76 (g) One member rep res enting insurance companies in this state.
77 (2) Members of the board shall serve without compensation, shall serve thr ee-
78 year terms, and shall serve for no mor e than two consecutive terms.
79 (3) The board's primary functions shall include assisting the department in
80 r eviewing each complaint, identifying potential violations of the towing services
81 standards manual, making r ecommendations for the initial determination, and
82 appr oving or rejec ting a final determination of the department.
83 5. If an owner or operator of a commer cial vehicle requ ests the use of a specific
84 towing company , law enforcem ent agencies shall honor that r equest, unless:
85 (1) The reque sted towing company cannot arrive at the location of the vehicle
86 within a rea sonable time;
87 (2) A traffic safety pr oblem exists and the req uested towing company cannot
88 arrive at the location of the vehicle within thirty minutes; or
89 (3) The commer cial vehicle is disabled in the roadw ay and the r equested towing
90 company cannot arrive at the location of the vehicle within thirty minutes.
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91 6. If the department of transportation or the towing and rec overy review board
92 determines ther e is a genuine dispute as to the reas onableness or amount of the fees
93 assessed by a towing company for a nonconsensual tow , the towing company shall
94 r elease the commer cial vehicle and cargo to the owner , operator , or insur er of the
95 commer cial vehicle and cargo without the vehicle owner paying any portion of the fees
96 assessed.
97 7. No towing company shall use a per pound method of charging for a
98 nonconsensual tow .
99 8. Storage charges for a nonconsensual tow shall cease accruing upon the date a
100 complaint is filed with the department of transportation.
101 9. Notwithstanding any pr ovision of law to the contrary , a nonconsensual tow or
102 associated storage charges shall not cr eate a lien on a commer cial vehicle or its cargo.
103 10. A towing company shall provi de r easonable access to an owner , operator , or
104 insur er of a commer cial vehicle that is the subject of a nonconsensual tow for the
105 following purposes:
106 (1) Collection of personal pr operty fro m within the vehicle;
107 (2) Investigation or recon struction of an accident scene; or
108 (3) Retrieval of data fr om the commer cial vehicle's computer system.
109 1 1. No towing company shall perform a nonconsensual tow when it is pr ohibited
110 by the department of transportation fro m performing nonconsensual tows. A towing
111 company that violates this subsection shall be subject to a civil penalty of twenty-five
112 thousand dollars per violation.
113 12. This section shall apply only to nonconsensual tows. This section shall not
114 apply if an owner , operator , or insur er of a commer cial vehicle request s the use of a
115 specific towing company and the reque st is honor ed.
116 13. The department of transportation shall pr omulgate rules as necessary for the
117 implementation of this section. Any rule or portion of a rule, as that term is defined in
118 section 536.010, that is crea ted under the authority delegated in this section shall
119 become effective only if it complies with and is subject to all of the provi sions of chapter
120 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
121 and if any of the powers vested with the general assembly pursuant to chapter 536 to
122 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
123 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
124 adopted after August 28, 2026, shall be invalid and void.
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125 14. Actual costs to implement this section shall be appr opriated to the
126 department fr om the general revenu e fund.
✔
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