(a) Subject to the Alabama Administrative Procedure Act, the Alabama State Law Enforcement Agency shall establish rules governing the use of towing and recovery services for nonconsensual towing directed by the agency of commercial motor vehicles as defined by 49 C.F.R. part 390.5 . At a minimum, the rules shall include all of the following provisions:

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Terms Used In Alabama Code 41-27-61

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(1) The agency may not receive compensation from a towing and recovery service.
(2) A state trooper of the agency may not do any of the following:

a. Receive compensation or receive any other incentive, monetary or otherwise, to use a particular towing and recovery service.
b. Hold any financial interest in a towing and recovery service.
c. Recommend any towing and recovery service in the performance of his or her duties.
(3) All assignments for towing and recovery services shall be made by the trooper commander or his or her designee with jurisdiction over the location in which the vehicle is located at the time the services are needed.
(4) The agency shall approve rates as reasonable based on what is customary in practice of the industry.
(5) Upon nonconsensual towing or recovery of a commercial vehicle and movement of the vehicle to a storage facility, a towing and recovery service shall allow an owner of a commercial vehicle or a designee of the owner of the commercial vehicle to access the vehicle in a reasonable manner as established by rules adopted by the agency pursuant to this section and retrieve any freight or contents in or on the commercial vehicle, including a trailer, tractor, and any items necessary to carry out the interrupted job. Freight and contents in or on the commercial vehicle may not be held by the towing and recovery service to secure towing and recovery charges. In the event that the trailer or the tractor is retrieved from the storage facility, the commercial vehicle owner shall pay up to a two thousand dollar ($2,000) security deposit until the service bill is paid. Nothing in this section shall be construed to conflict with any existing law giving the towing service provider a lien on the commercial vehicle for the services provided.
(b) The agency shall adopt a service charge dispute resolution process that includes all of the following provisions:

(1) Upon a dispute over fees and charges related to towing and recovery services for nonconsensual towing, the commercial motor vehicle owner or the motor vehicle owner’s designee must file a written complaint with the towing and recovery service provider and the trooper commander or his or her designee within three business days of receiving an invoice for the services provided.
(2) Upon receipt of the written complaint challenging the fees and charges, a towing and recovery service shall cease any and all storage charges that would incur during the complaint review procedure.
(3) Upon a dispute based on an unpaid invoice, the towing and recovery service provider may file a complaint after 30 days of the date of the invoice but no later than 90 days after that same date.
(4) If no agreement for cost adjustments can be made by the commercial motor vehicle owner or the commercial motor vehicle owner’s designee and the towing and recovery service within seven days from the date of the submission of the complaint under subdivision (1) or (2), the complaint shall be reviewed by the trooper commander or his or her designee with jurisdiction over the location upon which the vehicle was located at the time of towing or recovery. The trooper commander or his or her designee shall make a determination on the complaint within three business days as follows:

a. If the trooper commander or his or her designee determines that the fees are reasonable, the towing and recovery service may submit additional charges for any and all storage fees that have incurred during the complaint procedure.
b. If the trooper commander or his or her designee finds the towing and recovery charges to be in excess of the reasonable rates that are customary in practice of the industry, the trooper commander or his or her designee may adjust the charges accordingly and require the towing and recovery service to comply with the revised fees and charges.
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