Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-7 - NONCONSENSUAL TOWING › Rule 570-38-7-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
For the purposes of this Subchapter, the term:
(1) "Attendant" means any person who is
				authorized by the impoundment facility to release a vehicle from the facility
				when presented with proper documentation of ownership and payment of
				appropriate fees.
(2) "Corporate
				entity" means any corporation, limited liability company, limited partnership,
				small business corporation or any other entity or organization registered with
				the Georgia Secretary of State's Corporations Division.
(3) "Maximum Rate Tariff" means the
				publication containing the maximum rates as prescribed by the Department that a
				wrecker company can assess for the towing and storage of vehicles removed
				pursuant to the authority granted in the Nonconsensual Towing Permit.
(4) "Nonconsensual Towing" shall mean the
				towing of trespassing vehicles on private property without the prior consent or
				authorization of the owner or operator of the vehicle being towed.
(5) "Nonconsensual Towing Carrier" or "NCT
				Carrier" means a towing and storage firm operator who or which engages in the
				towing or other removal of improperly parked vehicles and trespassing personal
				property (including, but not limited to, trespassing vehicles) from private
				property.
(6) "Nonconsensual Towing
				Permit" or "NCT Permit" means a permit issued by the Department to a wrecker or
				towing service operator, authorizing removal of improperly parked vehicles and
				trespassing personal property from private property.
(7) "Normal Business Hours" means operating
				hours of a nonconsensual towing carrier consisting of a minimum of 8 hours per
				day on all weekdays and non-holidays beginning no later than 9:00 A.M. on any
				given day and ending no sooner than 4:00 P.M. on a given day as approved by the
				Department.
(8) "Receipt" means a
				document issued by the attendant to the owner of the vehicle stating all
				charges have been paid for the towing and storage of vehicle.
(9) "Secure Impoundment Facility" means a
				facility owned or leased by a towing company for the purposes of providing
				secure storage of towed vehicles.
(10) "Tow" or "towing" means to utilize any
				automotive vehicle to pull, to load and carry or otherwise to transport another
				automotive vehicle or automotive vehicle trailer over a public highway or road,
				except that transportation by an automobile transport vehicle with a capacity
				of three (3) or more vehicles shall not be included in the definition of tow or
				towing, no matter how many vehicles such automobile transport vehicle is
				transporting at any given time.
(11) "Towing and storage firm" shall mean an
				entity engaged in the practice of nonconsensual towing.
(12) "Wrecker" means an automotive vehicle
				with hoisting apparatus and equipment for towing vehicles. The term "wrecker"
				also includes any vehicle otherwise equipped and used for the purposes of
				towing vehicles.
(13) "Wrecker
				operator" or "towing service operator" means the person or entity operating or
				in control of the provision of wrecker or towing services to the public or to
				property owners and shall include all officers or managers of any such
				services.
O.C.G.A.
				 §§
											40-1-54,  44-1-13.