Kentucky Statutes 281.924 – Private property towing — Signage required for tow-away zone — Duties of towing company
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(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.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 74, sec. 4, effective June 29, 2021.
(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.
Terms Used In Kentucky Statutes 281.924
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Motor vehicle: means any motor-propelled vehicle used for the transportation of passengers or property on a public highway, including any such vehicle operated as a unit in combination with other vehicles. See Kentucky Statutes 281.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Property: means general or specific commodities, including hazardous and nonhazardous materials. See Kentucky Statutes 281.010
- Storage facility: means any lot, facility, or other property used to store motor vehicles that have been removed from another location by a tow truck. See Kentucky Statutes 281.010
- Towing: means :
(a) Emergency towing, which is the towing of a motor vehicle, with or without
the owner's consent, because of:
1. See Kentucky Statutes 281.010
(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.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 74, sec. 4, effective June 29, 2021.