TowingIllinois.com Legislative Center

Legislative Center

The PTROI, as one of its primary missions, represents the positions of its membership both in Springfield with state legislators and in Washington DC with federal legislation.
The PTROI works to ensure any new legislation pertaining to the towing and recovery industry is not contrary to the interests of Illinois towers. In addition the Association fights to secure updated legislation for road and weight classifications and limitations as industry equipment evolves.

PTROI BLOCKS PART OF NEW TOWING LAW!

On July 18, 2008, PTROI filed a lawsuit in the United States District Court for the Northern District of Illinois against the Illinois Commerce Commission (“ILCC”) challenging the recently enacted Illinois Commercial Safety Towing Law (“ICSTL”) on the basis that it is preempted by federal law. As part of the lawsuit, PTROI requested the Court to enjoin, or temporarily stop, the ILCC from enforcing most of the provisions of the ICSTL.

On December 11, 2008, the Court granted important portions of PTROI’s request. The Court issued a 36 page opinion in which it found that certain provisions of the ICSTL were, indeed, most likely preempted by federal law. As a result of the Court’s order, the ILCC is temporarily prohibited from enforcing parts of the ICSTL (including by issuing tickets, citations, and notices of violations). Specifically, the ILCC cannot do the following:

Require towing companies to have specific authorization from the vehicle owner or operator before towing a damaged or disabled vehicle after issuing a pre-tow disclosure (i.e., this means you do not need written authorization to tow so long as you provide the pre-tow disclosure); Require towing companies to issue an itemized final invoice or keep copies of any invoices for five years; and

Prohibit towing companies from including clauses in their contracts that waive or limit their liability.

However, the remaining portions of the ICSTL may still be enforced, at least temporarily. Thus, your towing company is still required to do the following:

Issue a disclosure form to vehicle owners or operators before towing a damaged or disabled vehicle and keeping a copy for five years. This form needs to state your company name, address, telephone number, and the address of the location to which the vehicle will be towed as well as your price for services; and Maintain a sign at your storage facility advising customers of their rights.

The Court believes that towing operators can quickly fill out a pre-printed form in a matter of seconds. For now, the ILCC’s pre-tow disclosure form will have to be revised in light of the Court issuing an injunction against certain provisions of the law.

The Court’s order will stand until a final judgment is issued that disposes of the lawsuit. In addition, as a result of PTROI’s challenge of the ICSTL, the ILCC agreed that any hearings on administrative citations issued by the ILCC police (except for no registration or no insurance) will be deferred until the Court makes a ruling. In the event the Court deems any portion of the ICSTL to be preempted, the ILCC will refund any fines or penalties collected for violations of preempted provisions.

We are pleased that the Court agreed that some of the law’s provisions appear to be illegal, and that we can make a further showing to assist the industry in having a law that is fair and reasonable.

For further information, contact Melanie Matthews at (800) 286-0519.

HIGHLIGHTS OF THE ILLINOIS COMMERCIAL SAFETY TOWING LAW

Section 18d-105 defines a “Commercial Vehicle Safety Relocator” as “any person or entity engaged in the business of removing damaged or disabled vehicles from public or private property by means of towing or otherwise, and thereafter relocating and storing
such vehicles.”

Section 18d-115 makes it unlawful for “any commercial vehicle safety relocator to operate in any county in which this Chapter is applicable without a valid, current safety relocator’s registration certificate issued by the Illinois Commerce Commission.” The Commission is authorized to conduct investigations into the conduct of any registration holder to determine if the Law or Commission regulations have been violated.

Section 18d-120 provides that a commercial vehicle safety relocator shall not commence towing a damaged or disabled vehicles without authorization from the vehicle owner or operator after specific pre-tow disclosures have been given to the vehicle owner or operator in writing. If the owner or operator is incapacitated, incompetent, or otherwise unable to knowingly accept receipt of pre-tow disclosures, the relocator shall give such disclosures to local law enforcement and, if known, to the owner or operator’s insurance company. If authorization is not given by the owner or operator, or if all required disclosures are not given, no fees may be charged by the commercial vehicle safety relocator. Pre-tow disclosures forms must be approved by the Commission.

Section 18d-125 requires that a post-tow final invoice be given to the vehicle owner or operator, and that the final invoice contain specified information about the commercial vehicle safety relocator, about services provided by the relocator, and about fees charged by the relocator. Among the items which must be included on the final invoice are any modifications made to the vehicle by the relocator, any observable damage to the vehicle prior to the tow, and any observable damage to the vehicle at the time of its release.

Section 18d-130 requires that a sign containing a customer bill of rights be posted in a prominent place at the commercial vehicle safety relocator’s business, visible to customers. The precise wording of the bill of rights as it must appear on the sign is set out in this section. The first line must be in characters not less than 1.5" in height, with other lines in characters not less than 0.5" in height.

Section 18d-135 requires that commercial vehicle safety relocators maintain records of all pre-tow disclosures and post-tow invoices for 5 years. Failure to provide copies to the Commission within 3 business days from request is a violation of the Law.

Section 18d-140 requires that the name, address and telephone number of the commercial vehicle safety relocator be painted or firmly affixed to both sides of the vehicle. Note:this is different from the vehicle identification requirements applicable under the Illinois Commercial Transportation Law.

Section 18d-145 requires that a copy of the safety relocator registration certificate issued by the Commission be carried in each vehicle used to provide commercial vehicle safety relocation service. The vehicle list issued by the Commission with the registration certificate must also be carried in the vehicle and the vehicle must appear on the vehicle list issued by the Commission.

Section 18d-150 prohibits any waiver of liability under the new Law.

Section 18d-155 allows the Commission to investigate commercial vehicle safety relocators and to enforce the Law with fines up to $1,000 per violation and suspension of registration.

Section 18d-160 makes violations of Sections 18d-115, 120, 125, 130, 135 or 150 a violation of the Consumer Fraud and Deceptive Business Practices Act. The Consumer Fraud Act provides for exemplary damages and an award of attorney’s fees against violators.

Section 18d-165 requires that commercial vehicle safety relocators accept payment in cash or by any major credit card.

Section 18d-170 requires that each commercial vehicle safety relocator carry insurance and provide proof of insurance to the vehicle owner or operator on demand.

Section 18d-180 provides that the Law applies wherever Chapter 18a of the Illinois Vehicle Code applies. Presently, Chapter 18a applies in Cook, DuPage, Kane, Will & McHenry counties.

In the past the PTROI has fought and won battles at the state level by securing:

Chicago city limit access law- securing the right of towers to operate on the expressways within the city of Chicago.
Abandoned vehicle law- Providing a venue for Illinois towers to attempt to collect from customers abandoning their vehicle with a tower.
Optional Light Law- Changed law from “must use lights” to “may use lights” to provide a more safe environment for operators.
Scott’s Law- Worked to have tow trucks included in the law requiring drivers to make a lane change and slow down when approaching emergency vehicles
Access to Secretary of State database for title and owner information.
Heavy duty- secured the permits to increase the weights of the axels Increased tri-axle weights from 56k 60k

As important, the Association has worked to halt legislation which would have put undue burden to Illinois towers and have worked for a more amenable solution.