An Overview of the State of Ohio Towing Code
Ohio sets the standards for all private property towing in Sections 4513.60 through 4513.66 of the Ohio Revised Code. While municipal ordinances and county regulations may adapt the requirements of the Ohio Revised Code, the Ohio Attorney General has opined that such regulations cannot relax or expand Ohio law and they must not interfere with application of Ohio law. In other words, counties and municipalities have some limited ability to adopt a few local rules, but they cannot make it more burdensome for a towing company to legally remove unauthorized vehicles from private property .
The state towing statutes set out several regulations that apply statewide. For example, the towing industry must use vehicles that have visible lights that are bright enough to be seen by a person with normal vision from a distance of at least 500 feet away. Towing companies must also ensure that the lettering on their vehicles is one inch in height because that is the minimum height required by law. With that said, each city and county can impose requirements beyond the state requirements.
What Owners of Private Property Must Know
It is important for private property owners to know that they can only have vehicles towed if they make their intention known with the proper signage prior to a vehicle being parked on the property. Owners can also be liable for the actions of their towing contractors. Unless the property owner has placed proper signage the right to park on the property is open to the general public and no right to tow exists.
In order for a vehicle to be legally towed from private property the owner of the facility must have placed a sign that is "so located that it is readily legible by the operator of a vehicle parking upon or otherwise occupying the area." The sign must also include the name and telephone number of the person or entity that requested the vehicle be immobilized or removed. The sign must be posted at the entrance or each entrance if there are more than one. A vehicle cannot be immobilized or towed until the property owner or its agent notifies the vehicle owner and operator that the vehicle is parked without permission. A person parking a vehicle upon private property cannot give notice to the owner or operator if those persons are not present so that is not an option for property owners.
Ohio Guidelines for Tow Truck Drivers
Towing companies must obtain a license from the pertinent local authority, allowing them to operate a tow truck or tow away vehicle. This is so whether the business is retail or wholesale. To ensure that the company and its employees will operate within the law, local authorities often require background checks for owners, managers, operators, and drivers. Some authorities require minimum capitalization amounts, and others ask for a minimum amount of insurance. All authorities ask for an instrument of surety for the owner or operator’s compliance with all laws, ordinances, and regulations which govern the conduct of the owner or operator in the operation of the business. Where an authority issues more than one permit, it may require that the company designate one person to be responsible for all of the company’s operations under its license, including every location, branch, and yard or garage. An increasing number of jurisdictions are requiring that a company name, address, and telephone number be on each vehicle used in the operation of the business. All keys for vehicles which are stored in the lot must be kept at the lot at all times, presumably so that company employees can move the vehicles without having to ask the owner for permission to do so (and therefore incur a charge to the owner while the car being serviced).
Companies cannot charge more than the amounts authorized by ordinance; they cannot charge for more than is allowed by ordinance; and they cannot charge more than their receipts show they charged for any service. In addition, companies cannot provide any services to cars without permission. Many ordinances prohibit companies from using aggressive or intimidating conduct to move violators. Regulations also prohibit the company from willfully or wantonly damaging any other vehicle parked in the same location or area.
Consumer Advice: What To Do After Your Vehicle Is Towed
Most vehicle towing in Ohio falls under the Ohio Private Property Towing Law, R.C. 4513.60-.66. Generally, if your car is towed from private property and taken to a pound or lot, the towing company must comply with the law and give you certain information. First, the towing company must include a notice on your vehicle for you to contact the towing company for more information. Alternatively, the towing company must put up a permanent sign at the property that meets certain requirements so that you know where to go to recover your car. If the sign is not large enough, has no lettering or is painted the same color as the background, the sign may not legally exist for purposes of giving public notice. If you find your vehicle has been towed, you should immediately contact your bank or credit card company and ask them to put a freeze on your account. This will prevent the towing company from automatically debiting the towing charge immediately from your account. You do not want to authorize someone to take money out of your account and pay a bill you do not believe you owe. Also, the bank or credit card company can reverse the debit in case someone has already taken the money.
If the towing company did not leave you a notice that your car was towed, you do not have to pay until after you have obtained a formal statement of charges . After your vehicle is taken to the pound, the towing company must attempt to inform you within 12 hours of the towing that your car is at the pound, how much it costs to retrieve the car and a description of the charges. The charges must be in writing, but you may only pay the uniform rate because the charges are regulated. Should you dispute a charge and would prefer to speak with an officer of the company, you may do so but you first should pay the undisputed charges. If you dispute a charge, you must pay the disputed amount within three days of the dispute and a final determination of the charges must be made within five days of the dispute. If you dispute a rate or fee, you may contact the Ohio Division of Consumer Protection.
Ohio Private Property Towing Law allows for an appeal of the charges with the Ohio Division of Consumer Protection. If you are unable to reach a resolution with the Ohio Division of Consumer Protection, you may file a lawsuit in the municipal court where your vehicle was towed. A party injured because of an improper tow has the following options: The towing company must pay you for the following: Not only do you have a right to monetary damages for improper towing of your car, but you may also be awarded attorneys’ fees and costs jurisdictions outside of Franklin County if you win. An attorney can collect your damages and reasonable attorneys’ fees from a losing party.
Recent Amendments and Case Law
In Ohio, private property towing and trespass towing have frequently encountered significant changes, as the state has altered regulations to meet the evolving needs of both property owners and towing companies. Stay updated on the latest reinterpretations and amendments of Ohio private property towing laws, as it could affect both the bottom line of your business and whether or not you will be towed . Recent court decisions as well as new or amended laws can have a significant impact on private property property owners and towing companies alike. Being proactive and being informed is always the best approach for both property owners and towing companies.
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