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Code · Kentucky · Chapter 281 — Motor carriers

281.934 Prohibited acts by towing company or storage facility.

410 words·~2 min read·/ky/chapter-281/281-934

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A towing company shall not:
(a)Falsely represent that the towing company represents or is approved by any
law enforcement agency, or any organization that provides emergency road
service for disabled motor vehicles;
(b)Require an owner or operator of a disabled motor vehicle to preauthorize more
than twenty-four
(24)hours of storage or repair work as a condition to
providing towing service for the disabled vehicle;
(c)Charge more than one
(1)towing fee when the owner or operator of a disabled
motor vehicle requests transport of the motor vehicle to a repair facility owned
or operated by the towing company; or
(d)Tow a motor vehicle to a repair facility, unless the owner of the motor vehicle
or the owner's designated representative gives consent and the consent is given
prior to the removal of the motor vehicle from the location from which the
motor vehicle is to be towed. This paragraph shall not apply to a storage
facility that has a repair facility on the same site so long as the motor vehicle
is not moved into the repair facility without consent.
(2)A towing company or storage facility shall not:
(a)Upon payment of all costs incurred against a motor vehicle towed and stored
under this chapter, refuse to release the motor vehicle to a properly identified
owner or lienholder of the motor vehicle or to an authorized representative of
the insurance company insuring the motor vehicle or the insurance company's
contracted provider, if the motor vehicle is covered by an active policy of
insurance. Motor vehicle release under this paragraph shall not apply to any
case in which a law enforcement agency has ordered the motor vehicle not to
be released or in any case in which a judicial order prohibits its release;
(b)Refuse to permit a properly identified owner or lienholder of a motor vehicle
or a representative of the insurance company insuring the motor vehicle if the
motor vehicle is covered by an active policy of insurance to inspect the motor
vehicle during posted business hours before all costs incurred against the
motor vehicle are paid or the motor vehicle is released; or
(c)Charge a storage fee for a stored motor vehicle with respect to any day on
which release of the motor vehicle or inspection of the motor vehicle by the
owner, lienholder, or insurance company is not permitted during posted
business hours by the towing company or storage facility.
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