Kentucky Statutes 281.926 – Rates for emergency towing services to be posted and provided upon request — Itemized invoices required — Retention and inspection of records
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(1) This section applies to any towing company that engages in, or offers to engage in, emergency towing.
(2) Prior to attaching a motor vehicle to the tow truck, the towing company shall furnish the vehicle’s owner or operator, if the owner or operator is present at the scene of the disabled vehicle and upon the owner’s or operator’s request, a rate sheet listing all rates for towing services, including but not limited to all rates for towing and associated fees, cleanup, labor, storage, and any other services provided by the towing company.
(3) (a) Any towing company or storage facility shall post a rate sheet at its place of business and shall make the rate sheet available upon a customer’s request.
(b) Any charge in excess of the rate sheets provided under this subsection shall be deemed excessive.
(4) An itemized invoice of actual towing charges assessed by a towing company for a completed tow shall be made available to the owner of the motor vehicle or the owner’s agent no later than one (1) business day after:
(a) The tow is completed; or
(b) The towing company has obtained all necessary information to be included on the invoice, including any charges submitted by subcontractors used by the towing company to complete the tow and recovery.
(5) The itemized invoice required under subsection (4) of this section shall contain the following information:
(a) The date and time the motor vehicle was towed;
(b) The location to which the motor vehicle was towed;
(c) The name, address, and telephone number of the towing company;
(d) A description of the towed motor vehicle, including the color, make, model, year, and vehicle identification number of the motor vehicle;
(e) The license plate number and state of registration for the towed motor vehicle; (f) The cost of the original towing service;
(g) The cost of any vehicle storage fees, expressed as a daily rate;
(h) Other fees, including documentation fees and motor vehicle search fees; and
(i) A list of the services that were performed under a warranty or that were otherwise performed at no cost to the owner of the motor vehicle.
(6) Any service or fee in addition to the services or fees described in subsection (5)(f), (g), or (h) of this section shall be set forth individually as a single line item on the invoice required by this section, with an explanation and the exact charge for the service or the exact amount of the fee.
(7) A copy of each invoice and receipt submitted by a tow truck operator in accordance with this section shall:
(a) Be retained by the towing company for a period of two (2) years from the date
of issuance; and
(b) Throughout the two (2) year period described in this subsection, be made available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:
1. A law enforcement agency;
2. The Attorney General;
3. A city attorney, county attorney, or the prosecuting attorney having jurisdiction in the location of any of the towing company’s business locations;
4. The disabled motor vehicle’s owner or lienholder;
5. An agent of the disabled motor vehicle’s owner or lienholder; or
6. Any individual involved in the underlying collision, his or her respective insurance companies, or his or her legal representatives, if the disabled motor vehicle was involved in a collision.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 74, sec. 5, effective June 29, 2021.
(2) Prior to attaching a motor vehicle to the tow truck, the towing company shall furnish the vehicle’s owner or operator, if the owner or operator is present at the scene of the disabled vehicle and upon the owner’s or operator’s request, a rate sheet listing all rates for towing services, including but not limited to all rates for towing and associated fees, cleanup, labor, storage, and any other services provided by the towing company.
Terms Used In Kentucky Statutes 281.926
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- 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.
- Motor vehicle: means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles. See Kentucky Statutes 281.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Storage facility: means any lot, facility, or other property used to store motor vehicles that have been removed from another location by a tow truck. See Kentucky Statutes 281.010
- Tow truck operator: means an individual who operates a tow truck as an employee or agent of a towing company. See Kentucky Statutes 281.010
- Towing: means :
(a) Emergency towing, which is the towing of a motor vehicle, with or without
the owner's consent, because of:
1. See Kentucky Statutes 281.010 - Year: means calendar year. See Kentucky Statutes 446.010
(3) (a) Any towing company or storage facility shall post a rate sheet at its place of business and shall make the rate sheet available upon a customer’s request.
(b) Any charge in excess of the rate sheets provided under this subsection shall be deemed excessive.
(4) An itemized invoice of actual towing charges assessed by a towing company for a completed tow shall be made available to the owner of the motor vehicle or the owner’s agent no later than one (1) business day after:
(a) The tow is completed; or
(b) The towing company has obtained all necessary information to be included on the invoice, including any charges submitted by subcontractors used by the towing company to complete the tow and recovery.
(5) The itemized invoice required under subsection (4) of this section shall contain the following information:
(a) The date and time the motor vehicle was towed;
(b) The location to which the motor vehicle was towed;
(c) The name, address, and telephone number of the towing company;
(d) A description of the towed motor vehicle, including the color, make, model, year, and vehicle identification number of the motor vehicle;
(e) The license plate number and state of registration for the towed motor vehicle; (f) The cost of the original towing service;
(g) The cost of any vehicle storage fees, expressed as a daily rate;
(h) Other fees, including documentation fees and motor vehicle search fees; and
(i) A list of the services that were performed under a warranty or that were otherwise performed at no cost to the owner of the motor vehicle.
(6) Any service or fee in addition to the services or fees described in subsection (5)(f), (g), or (h) of this section shall be set forth individually as a single line item on the invoice required by this section, with an explanation and the exact charge for the service or the exact amount of the fee.
(7) A copy of each invoice and receipt submitted by a tow truck operator in accordance with this section shall:
(a) Be retained by the towing company for a period of two (2) years from the date
of issuance; and
(b) Throughout the two (2) year period described in this subsection, be made available for inspection and copying not later than forty-eight (48) hours after receiving a written request for inspection from:
1. A law enforcement agency;
2. The Attorney General;
3. A city attorney, county attorney, or the prosecuting attorney having jurisdiction in the location of any of the towing company’s business locations;
4. The disabled motor vehicle’s owner or lienholder;
5. An agent of the disabled motor vehicle’s owner or lienholder; or
6. Any individual involved in the underlying collision, his or her respective insurance companies, or his or her legal representatives, if the disabled motor vehicle was involved in a collision.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 74, sec. 5, effective June 29, 2021.