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SECOND REGULAR SESSION
SENATE BILL NO. 1426
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
6034S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 304.162, to read as 2
follows:3
304.162. 1. As used in this section, the following 1
terms mean: 2
(1) "Commercial vehicle", any self-propelled or towed 3
vehicle that has a gross vehicle weight rating of more than 4
ten thousand pounds; 5
(2) "Department", the department of transportation; 6
(3) "Gross vehicle weight rating", the same meaning 7
given to the term in section 302.700; 8
(4) "Nonconsensual tow", the movement or 9
transportation of a commercial vehicle by a tow truck if 10
such movement or transportation is performed without the 11
prior consent or authorization of the owner or operator of 12
the commercial vehicle. Such term also includes any tow of 13
a commercial vehicle ordered by a law enforcement agency 14
without the prior consent or authorization of the owner or 15
operator of the commercial vehicle; 16
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(5) "Tow truck", the same meaning given to the term in 17
section 304.153; 18
(6) "Towing company", the same meaning given to the 19
term in section 304.153. 20
2. The department of transportation shall establish 21
procedures to address nonconsensual towing, recovery, and 22
cleanup practices related to the removal of commercial 23
vehicles from roadways; procedures to receive, investigate, 24
and adjudicate complaints from an owner, operator, or 25
insurer of a commercial vehicle involved in a nonconsensual 26
tow; and procedures for prohibiting towing companies from 27
performing nonconsensual tows if they are found to be in 28
violation of this section. The procedures developed under 29
this section shall be contained in the department of 30
transportation's towing services standards manual. All 31
nonconsensual towing, recovery, and cleanup practices shall 32
comply with this section, the department of transportation's 33
towing services standards manual, and all other applicable 34
laws and regulations. 35
3. The procedures established by the department under 36
this section shall include, at a minimum: 37
(1) A process for an owner, operator, or insurer of a 38
commercial vehicle to file a complaint against a towing 39
company. All complaints filed under this section shall 40
contain the name of the complainant; the complainant's 41
address; the complainant's phone number; the complainant's 42
email address, if available; the name of the towing company; 43
the causes of the complaint; and any other facts and 44
documentation determined by rule to be of assistance to the 45
department in investigating the complaint; 46
(2) A process for the department to review a complaint 47
and any supporting facts and documentation and to render an 48
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initial finding. The department shall ensure its process 49
includes an opportunity for the complainant or towing 50
company to appeal an initial decision before the department 51
makes a final determination on the matter; 52
(3) Factors the department shall consider in 53
determining whether a charge levied by a towing company was 54
fair and reasonable. Such factors may include, without 55
limitation, whether the towing vehicles, all other 56
equipment, and number of employees and contractors were 57
required to complete the tow; whether the charges are fair, 58
reasonable, and customary; whether the total amount of time 59
required for the service was necessary; the location of the 60
vehicle being recovered; materials or cargo involved; and 61
any other information regarding the recovery, towing, or 62
storage of a commercial vehicle; 63
(4) Requirements for information that shall be 64
included on every nonconsensual towing and recovery invoice, 65
such as the name, address, and telephone number of the 66
towing company; the date and time that the request for 67
service was received; contact information for the party that 68
requested the service; and the time of dispatch, time of 69
arrival at the scene, and time at which the scene was 70
cleared. Every invoice for a nonconsensual tow shall 71
include the words: 72
"Nonconsensual tows are regulated by the 73
Missouri Department of Transportation. If you 74
feel that you have been treated unfairly or 75
provided a service that was unnecessary, you may 76
file a complaint with the Missouri Department of 77
Transportation."; and 78
(5) A disciplinary matrix for any towing company found 79
to be in violation of this section or the department of 80
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transportation's towing services standards manual. The 81
matrix shall: 82
(a) Be weighted based on the severity and number of 83
violations; 84
(b) Include provisions for temporarily or permanently 85
prohibiting a towing company from performing nonconsensual 86
tows; and 87
(c) Include a process for the department to 88
communicate to the Missouri state highway patrol and other 89
state and local law enforcement and emergency services 90
agencies any suspension or revocation of a towing company's 91
authority to perform nonconsensual tows. 92
4. To assist the department in implementing this 93
section, the department may establish a "Towing and Recovery 94
Review Board". 95
(1) The board shall consist of seven members to be 96
appointed by the director of the department of 97
transportation, including: 98
(a) One member who is an employee of the department; 99
(b) One member who is an employee of the Missouri 100
state highway patrol; 101
(c) One member representing local law enforcement 102
agencies in this state; 103
(d) One member representing motor carriers in this 104
state; 105
(e) One member representing towing companies in this 106
state; 107
(f) One member representing independent owner-operator 108
truck drivers in this state; and 109
(g) One member representing insurance companies in 110
this state. 111
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(2) Members of the board shall serve without 112
compensation, shall serve three-year terms, and shall serve 113
for no more than two consecutive terms. 114
(3) The board's primary functions shall include 115
assisting the department in reviewing each complaint, 116
identifying potential violations of the towing services 117
standards manual, making recommendations for the initial 118
determination, and approving or rejecting a final 119
determination of the department. 120
5. If an owner or operator of a commercial vehicle 121
requests the use of a specific towing company, law 122
enforcement agencies shall honor that request, unless: 123
(1) The requested towing company cannot arrive at the 124
location of the vehicle within a reasonable time; 125
(2) A traffic safety problem exists and the requested 126
towing company cannot arrive at the location of the vehicle 127
within thirty minutes; or 128
(3) The commercial vehicle is disabled in the roadway 129
and the requested towing company cannot arrive at the 130
location of the vehicle within thirty minutes. 131
6. If the department of transportation or the towing 132
and recovery review board determines there is a genuine 133
dispute as to the reasonableness or amount of the fees 134
assessed by a towing company for a nonconsensual tow, the 135
towing company shall release the commercial vehicle and 136
cargo to the owner, operator, or insurer of the commercial 137
vehicle and cargo without the vehicle owner paying any 138
portion of the fees assessed. 139
7. No towing company shall use a per pound method of 140
charging for a nonconsensual tow. 141
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8. Storage charges for a nonconsensual tow shall cease 142
accruing upon the date a complaint is filed with the 143
department of transportation. 144
9. Notwithstanding any provision of law to the 145
contrary, a nonconsensual tow or associated storage charges 146
shall not create a lien on a commercial vehicle or its 147
cargo. 148
10. A towing company shall provide reasonable access 149
to an owner, operator, or insurer of a commercial vehicle 150
that is the subject of a nonconsensual tow for the following 151
purposes: 152
(1) Collection of personal property from within the 153
vehicle; 154
(2) Investigation or reconstruction of an accident 155
scene; or 156
(3) Retrieval of data from the commercial vehicle's 157
computer system. 158
11. No towing company shall perform a nonconsensual 159
tow when it is prohibited by the department of 160
transportation from performing nonconsensual tows. A towing 161
company that violates this subsection shall be subject to a 162
civil penalty of twenty-five thousand dollars per violation. 163
12. This section shall apply only to nonconsensual 164
tows. This section shall not apply if an owner, operator, 165
or insurer of a commercial vehicle requests the use of a 166
specific towing company and the request is honored. 167
13. The department of transportation shall promulgate 168
rules as necessary for the implementation of this section. 169
Any rule or portion of a rule, as that term is defined in 170
section 536.010, that is created under the authority 171
delegated in this section shall become effective only if it 172
complies with and is subject to all of the provisions of 173
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chapter 536 and, if applicable, section 536.028. This 174
section and chapter 536 are nonseverable and if any of the 175
powers vested with the general assembly pursuant to chapter 176
536 to review, to delay the effective date, or to disapprove 177
and annul a rule are subsequently held unconstitutional, 178
then the grant of rulemaking authority and any rule proposed 179
or adopted after August 28, 2026, shall be invalid and void. 180
14. Actual costs to implement this section shall be 181
appropriated to the department from the general revenue fund. 182
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