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HB0170 • 2020

Towing company rotation list.

AN ACT relating to motor vehicles; requiring the department of transportation to adopt an annually calculated schedule of towing and recovery fees; requiring tow truck and recovery carriers to adhere to fee requirements to be included on the rotation list; conforming a provision; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Pownall
Last action
2020-03-11
Official status
inactive
Effective date
3/1/2020

Plain English Breakdown

The official source material does not provide detailed information on penalties, summary documents, or enforcement mechanisms.

Towing Company Rotation List

The bill requires the Wyoming Department of Transportation to create an annual list of standard fees for towing and recovery services and mandates that tow truck companies follow these fee requirements to be included on a rotation list.

What This Bill Does

  • Requires the department of transportation to make a yearly list of standard fees for towing and recovery services.
  • Tow truck companies must follow these fee rules to stay on the rotation list.

Who It Names or Affects

  • Tow truck and recovery carriers who must follow new fee rules.
  • The Wyoming Department of Transportation which will create and manage the rotation list and fee schedule.

Terms To Know

Rotation List
A yearly list of approved tow truck companies that adhere to set fees for towing services.

Limits and Unknowns

  • The bill does not specify how the department will enforce these rules.
  • It is unclear what happens if a company disagrees with the fee schedule or their removal from the rotation list.
  • This bill was marked as inactive and did not pass in its current session.

Bill History

  1. 2020-03-11 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2020-02-26 House

    H No report prior to CoW Cutoff

  3. 2020-02-13 House

    H Introduced and Referred to H08 - Transportation 57-3-0-0-0

  4. 2020-02-11 House

    H Received for Introduction

  5. 2020-02-10 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
20LSO-0532
2020
STATE OF WYOMING
20LSO-0532
Numbered
2.0

HOUSE BILL NO. HB0170

Towing company rotation list.

Sponsored by: Representative(s) Pownall

A BILL

for

AN ACT relating to motor vehicles; requiring the department of transportation to adopt an annually calculated schedule of towing and recovery fees; requiring tow truck and recovery carriers to adhere to fee requirements to be included on the rotation list; conforming a provision; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
‑
5
‑
102(a)(lix) and 31
‑
5
‑
1701(b)(vii), (ix) and by creating a new paragraph (x) are amended to read:

31
‑
5
‑
102.

Definitions.

(a)

Except as otherwise provided, as used in this act:

(lix)

"This act" means W.S. 31
‑
5
‑
101 through
31
‑
5
‑
1601
31
‑
5
‑
1701
;

31
‑
5
‑
1701.

Towing companies; rotation list.

(b)

Rules adopted by the department pursuant to this section shall include:

(vii)

Provision for reprimand or suspension from the rotation list for a period of up to one (1) year or removal from the rotation list for a period in excess of one (1) year as determined by the director of the department, for carriers that
:

(A)

V
iolate the criteria to be on the rotation list;

(B)

Charge fees in excess of the schedule of customary and reasonable fees required by paragraph (x) of this subsection;

(C)

Charge fees in excess of the tow truck or recovery carrier's summary rate disclosure document that is on file with the department as required under paragraph (ix) of this subsection.

(ix)

A requirement that a tow truck or recovery carrier file a summary rate disclosure document which states typical fees for commonly used towing and recovery procedures, including
but not limited to such items as
daytime and nighttime call rates, hook
‑
up fees, winch fees, labor costs, mileage charges and vehicle storage charges. In any action where the fee charged by a towing company is in issue
:
,

(A)

A fee that is at or below the amount on the schedule of customary and reasonable fees required by paragraph (x) of this subsection shall be prima facie evidence that the fee is fair and reasonable;

(B)

T
he burden of proof to show that
the
a higher
fee
charged for a procedure than the fee on the
summary rate disclosure document
is fair and reasonable shall be upon the towing company.

(x)

A schedule of annually calculated customary and reasonable fees for commonly used towing and recovery procedures based upon a random sampling of typical fees used by commercial and municipal tow truck and recovery carriers in Wyoming and a review of prevailing fees in other states or regions.

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0170