KRS § 281.930 — KY Code / Title XXIV / Chapter 281 / Section 281.930
281.930 Payment and release requirements for towed vehicles -- Storage fees
Status: in_force

281.930 Payment and release requirements for towed vehicles -- Storage fees.

(1) This section applies to towing companies that tow and store motor vehicles, and to

storage facilities that store vehicles towed by a towing company, regardless of

whether the towing company and the storage facilities are affiliates.

(2) Upon payment of all costs incurred against a motor vehicle towed and stored under

this chapter, the towing company or storage facility shall release the motor vehicle

to:

(a) A properly identified owner or lienholder of the motor vehicle; or

(b) An authorized representative of the insurance company or its contracted

service provider insuring the motor vehicle if the:

1. Motor vehicle is covered by an active policy of insurance and the

insurance representative provides proof of coverage; or

2. Owner of the motor vehicle approves release of the vehicle to the

insurance company representative.

(3) (a) Prior to payment of fees and release of the motor vehicle, a storage facility or

towing company shall not refuse the right of physical inspection of the towed

vehicle during posted business hours by:

1. An owner;

2. A lienholder;

3. A representative of the insurance company that insures the motor

vehicle; or

4. A contracted service provider of the insurance company.

(b) The inspection of a vehicle that is being held as evidence by a law

enforcement agency shall only occur if authorized by the investigating law

enforcement agency. The law enforcement agency may impose any or all of

the following restrictions:

1. Restrict the inspection to visual and touchless only; or

2. Require any persons or entities outlined in paragraph (a) of this

subsection to be accompanied by a law enforcement officer.

(4) A towing company or storage facility shall accept payment made by any of the

following means from an individual seeking to release a motor vehicle:

(a) Cash;

(b) Check from an insurer or its agent;

(c) Credit card;

(d) Debit card;

(e) Money order; or

(f) Check drawn by a bank or other financial institution.

(5) Upon receiving payment of all costs incurred against a motor vehicle, a towing

company or storage facility shall provide to the person making payment an itemized

receipt in accordance with KRS 281.926(4) and (5) to the extent the information is

known or available.

(6) A towing company or storage facility shall be open for business or accessible by

telephone during posted business hours. A towing company or storage facility shall

provide a telephone number available on a twenty-four (24) hour basis to receive

calls and messages from callers, including calls made outside posted business

hours. All calls made to a towing company or storage facility shall be returned

within twenty-four (24) hours from the time received. However, if adverse weather,

an emergency situation, or another act over which the towing company or storage

facility has no control prevents the towing company or storage facility from

returning calls within twenty-four (24) hours, the towing company or storage

facility shall return all calls received as quickly as possible.

(7) (a) Storage fees may be charged by a towing company or storage facility during a

hold period initiated for potential evidence in any criminal or civil

investigation.

(b) Subject to the conditions in paragraph (c) of this subsection, a reasonable

daily storage rate of no more than the daily storage rate included on the

published rate sheet may be charged during the hold period. A towing

company or storage facility shall not charge any additional fee or combination

of fees during the hold period other than:

1. A daily storage fee; or

2. Fees charged in accordance with the rate sheet for completed labor to

assist with an inspection, as directed by the entity overseeing the

investigation.

(c) If an insurer offers to provide a secure facility for storage during the hold

period at no cost, the entity requesting the hold may allow the vehicle to be

moved to the insurer's facility.

(d) Upon release of the hold and payment from the owner or insurer for all towing

and storage charges set forth by the published rate sheet, the vehicle shall be

released to the owner, insurer, or representative of the insurer.