4921.25 Towing entities subject to chapter.

(A) Any person, firm, copartnership, voluntary association, joint-stock association, company, or corporation, wherever organized or incorporated, that is engaged in the towing of motor vehicles is subject to regulation by the public utilities commission as a for-hire motor carrier under this chapter.

(B) The commission shall adopt rules under Chapter 119. of the Revised Code that do all of the following:

(1) Establish the acceptable scope of public safety regulations applicable to a for-hire motor carrier engaged in the towing of motor vehicles under section 4513.60, 4513.601, or 4513.61 of the Revised Code that a county or township may adopt pursuant to a resolution;

(2) Establish safety standards for the type of equipment necessary to safely remove and tow vehicles based on the type of vehicle being removed or towed;

(3) Establish standards for the removal of a vehicle from a private tow-away zone by a for-hire motor carrier engaged in the towing of motor vehicles in addition to standards and requirements established under section 4513.601 of the Revised Code. The standards may vary based on whether the private tow-away zone is located on residential, retail, or other commercial property.

(4) Within one year of the effective date of this amendment, establish maximum fees that may be charged by a for-hire motor carrier engaged in the towing of motor vehicles or a storage facility that accepts such vehicles under sections 4513.60 and 4513.601 of the Revised Code.

With respect to vehicles removed under section 4513.60 of the Revised Code, the fees established under division (B)(4) of this section do not apply to a vehicle that is removed or stored within a municipal corporation that has established fees for vehicle removal and storage.

(5) Establish a process for reviewing the fees established under division (B)(4) of this section every five years, beginning on the five-year anniversary of the date the initial rules are adopted, to determine whether the fees are just, reasonable, and compensatory. If the commission determines that any existing fee is not just, reasonable, or compensatory, the commission shall, by rule, adjust the fee so that it is equal to an amount that the commission determines to be appropriate.

(6) Establish an after-hours retrieval fee that may be charged for purposes of retrieving a vehicle under section 4513.69 of the Revised Code

or retrieving personal items under section 4513.60 or 4513.61 of the Revised Code. The rules shall permit an after-hours retrieval fee to be charged only if the entity in possession of a vehicle is not open to the public and is not required to be open under division (A) of section 4513.69 of the Revised Code.

(7) Adopt any other rules necessary to carry out the purposes of this section.

Cite as R.C. § 4921.25

Amended by 131st General Assembly File No. TBD, HB 341, §1, eff. 4/6/2017.

Amended by 130th General Assembly File No. TBD, SB 274, §1, eff. 3/23/2015.

Added by 129th General AssemblyFile No.127, HB 487, §101.01, eff. 6/11/2012.