KRS § 281.922 — KY Code / Title XXIV / Chapter 281 / Section 281.922
281.922 Emergency towing -- Duties of towing company
Status: in_force

281.922 Emergency towing -- Duties of towing company.

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

emergency towing.

(2) (a) Prior to the removal of a towed motor vehicle from a tow truck, a towing

company that engages in emergency towing shall take photographs, video, or

other visual documentation to document evidence of any vehicle damage,

debris, or damaged cargo or property.

(b) A towing company operating under this section may document, at the scene,

any complications to the recovery process in writing or by using any of the

methods outlined in paragraph (a) of this subsection, if:

1. Law enforcement does not object; and

2. It can be performed in a safe manner.

(3) Except as provided in subsection (4) of this section, a towing company, while

providing an emergency tow, shall not stop, or cause a person to stop, at the scene

of an accident or near a disabled motor vehicle, for the purpose of:

(a) Soliciting an engagement for emergency towing services;

(b) Moving a motor vehicle from a public street, road, or highway; or

(c) Accruing charges in connection with paragraph (a) or (b) of this subsection.

(4) A towing company may stop, or cause a person to stop, at the scene of an accident

or near a disabled motor vehicle under the circumstances of subsection (3) of this

section if the:

(a) Towing company is requested to stop or to perform a towing service by a law

enforcement officer;

(b) Towing company is summoned to the scene or requested to stop by the owner

or operator of a disabled motor vehicle;

(c) Owner of a disabled motor vehicle has provided consent to the towing

company to stop or perform a towing service; or

(d) Towing company has reasonable belief that a motorist is in need of immediate

aid. A towing company shall not offer towing services under this paragraph

unless a condition of paragraph (a), (b), or (c) of this subsection has been met.

(5) (a) Except as provided in subsections (6) and (7) of this section, the owner or

operator of a disabled motor vehicle, in consultation with law enforcement or

with authorized state or local government personnel, may:

1. Summon to the disabled motor vehicle's location the towing company of

the owner's or operator's choice, either directly or through an insurance

company's or an automobile club's emergency service arrangement; and

2. Designate the location to which the disabled motor vehicle is to be

towed.

(b) If the location designated by the owner or operator is not a storage facility

owned or operated by the towing company, the owner or operator shall

arrange for payment to the towing company at the time the towing company is

summoned.

(6) Subsection (5) of this section shall not apply:

(a) In the event of a declared emergency; or

(b) If the owner or operator of a disabled motor vehicle:

1. Is incapacitated or otherwise unable to summon a towing company; or

2. Defers to law enforcement or to authorized state or local government

personnel as to the towing company to be summoned or the location to

which the disabled motor vehicle is to be towed.

(7) The authority of an owner or operator of a disabled motor vehicle to summon the

towing company of the owner's or operator's choice under subsection (5) of this

section shall be superseded by a law enforcement officer or by authorized state or

local government personnel if:

(a) The towing company the owner or operator chooses is unable to respond to

the location of the disabled motor vehicle in a timely fashion; or

(b) The disabled motor vehicle is a hazard, impedes the flow of traffic, or may not

legally remain in the motor vehicle's location in the opinion of the law

enforcement officer or authorized state or local government official.

(8) If a disabled motor vehicle is causing or poses a safety hazard, the towing company

may move the disabled motor vehicle to a safe location after being authorized by a

law enforcement officer or by authorized state or local government personnel. The

owner of the disabled vehicle shall be responsible for the costs of the tow.

(9) A disabled vehicle shall not be removed from a scene that is under the control of a

law enforcement agency without authorization from the law enforcement agency.

(10) If a towing company is summoned for emergency towing by the owner or operator

of a disabled motor vehicle, the towing company shall make a record, to the extent

available, consisting of:

(a) The first and last name and telephone number of the individual who

summoned the towing company to the scene; and

(b) The color, make, model, year, vehicle identification number, and license plate

number of the disabled motor vehicle.

(11) If a towing company is summoned for emergency towing by a law enforcement

officer or by authorized state or local government personnel, the towing company

shall make a record, to the extent available, consisting of:

(a) The identity of the law enforcement agency or authorized state, county, or

municipal agency requesting the emergency towing; and

(b) The color, make, model, year, vehicle identification number, and license plate

number of the disabled motor vehicle.

(12) A towing company shall maintain a record created under subsection (10) or (11) of

this section and provide the record to a law enforcement agency upon request from

the time the towing company appears at the location of the disabled motor vehicle

until the time the motor vehicle is towed and released to an authorized third party. A

towing company shall retain the record created under subsection (10) or (11) of this

section for a period of two (2) years from the date the disabled motor vehicle was

towed and, throughout the two (2) year period, make the record available for

inspection and copying, not later than forty-eight (48) hours after receiving a written

request from a law enforcement agency, the Attorney General, the disabled motor

vehicle's owner, or an authorized agent of the disabled motor vehicle's owner. If the

disabled motor vehicle was involved in a collision, the records shall be available for

inspection by any individual involved in the underlying collision, his or her

respective insurance companies, or his or her legal representatives. Records

maintained under this subsection shall be kept in paper or electronic form.

(13) A towing company that performs emergency towing under this section shall, upon

taking possession of the motor vehicle, 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.