KRS § 281.924 — KY Code / Title XXIV / Chapter 281 / Section 281.924
281.924 Private property towing -- Signage required for tow-away zone -- Duties of towing company
Status: in_force

281.924 Private property towing -- Signage required for tow-away zone -- Duties of

towing company.

(1) (a) This section applies to any towing company that engages in, or offers to

engage in, private property towing.

(b) This section does not apply to the towing of a motor vehicle from a tow-away

zone that is not located on private property.

(2) Prior to removing a motor vehicle from a tow truck under this section, a towing

company that engages in or offers to engage in private property towing shall take

photographs, video, or other visual documentation to document evidence of any

vehicle damage, debris, or damaged cargo or property, or complications to the

recovery process.

(3) A private property owner may establish a tow-away zone on the owner's property. A

property owner that establishes a tow-away zone under this subsection shall post at

the location of the tow-away zone a sign that is clearly visible to the public. The

sign shall include a statement that the area is a tow-away zone, pertinent contact

information, and a description of any persons authorized to park or prohibited from

parking in the area.

(4) A towing company that tows a motor vehicle under this section shall ensure that the

motor vehicle is towed to a storage facility located within twenty-five (25) miles of

the location of the tow-away zone from which the motor vehicle was removed or, if

no storage facility is located within twenty-five (25) miles of the location of the

tow-away zone, to the storage facility nearest to the tow-away zone.

(5) If the owner or operator of a motor vehicle parked in violation of a tow-away zone

arrives at the location of the tow-away zone or private property while the motor

vehicle is being towed, the towing company shall give the owner or operator either

oral or written notification that the owner or operator may pay a fee in an amount

not greater than fifty percent (50%) of the amount of the fee the towing company

normally charges for the release of a motor vehicle. Upon the owner's or operator's

payment of the amount specified, the towing company shall release the motor

vehicle to the owner or operator and give the owner or operator a receipt showing

the full amount of the fee the towing company normally charges for the release of a

motor vehicle and the amount of the fee paid by the owner or operator.

(6) A towing company shall provide notice to the law enforcement agency having

jurisdiction in the location of the private property not later than two (2) hours after

completing a tow of a motor vehicle from private property.

(7) A towing company that performs private property towing shall secure a towed

motor vehicle properly and take all reasonable efforts to prevent further damage,

including weather damage, or theft of a towed motor vehicle, including the motor

vehicle's cargo and contents until the motor vehicle is out of the towing company's

possession. A towing company shall not be responsible for damage that occurred

prior to taking possession of the motor vehicle for towing.