KRS § 281.926 — KY Code / Title XXIV / Chapter 281 / Section 281.926
281.926 Rates for emergency towing services to be posted and provided to law enforcement and upon request of a customer -- Excessive charges -- Itemized invoices required -- Retention and inspection of records
Status: in_force

281.926 Rates for emergency towing services to be posted and provided to law

enforcement and upon request of a customer -- Excessive charges -- Itemized

invoices required -- Retention and inspection of records.

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

emergency towing.

(2) 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, or 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:

1. Post a rate sheet as described in subsection (2) of this section at its place

of business;

2. Provide a current rate sheet to the nearest Department of Kentucky State

Police post and any law enforcement agency in its service area;

3. Make the rate sheet available upon a customer's request; and

4. Have only one (1) rate sheet that is applicable to all customers,

regardless of the customer or entity responsible for payment of the

services provided. This subparagraph shall not apply to negotiated rates

in a contract between a towing company or storage facility and a law

enforcement entity.

(b) Any charge in excess of the rate sheets provided under this subsection shall be

deemed excessive. Any payments made that are deemed excessive shall be

refunded to the payor within thirty (30) days of notification to the towing

company or storage facility by the department. Any charge deemed excessive

from a towing company or storage facility in relation to a property, casualty,

or property and casualty insurance policy shall be a fraudulent insurance act in

violation of KRS 304.47-020.

(c) If a towing company fails to comply with any of the provisions of this

subsection, the Department of Kentucky State Police and any local law

enforcement agency in the company's service area shall remove that towing

company from its wrecker log for a period of:

1. Six (6) months for the first violation; and

2. One (1) year for any subsequent violation.

(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.