257.676c Scene of motor vehicle accident or disabled vehicle; business solicitation by wrecker, recovery, or towing service; prohibition; violation; civil fine; exception

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257.676c Scene of motor vehicle accident or disabled vehicle; business solicitation by wrecker, recovery, or towing service; prohibition; violation; civil fine; exception; request by owner or operator of motor vehicle.

Sec. 676c.

(1)Except as provided in subsection (2), a person shall not travel to the scene of a motor vehicle accident or a disabled vehicle located on public property, property open to the public, or a state trunk line highway and solicit business for a wrecker, recovery, or towing service. A person who violates this subsection is responsible for a civil infraction and shall be ordered to pay a civil fine of $1,000.00.

(2)Subsection

(1)does not apply if any of the following conditions apply:

(a)A law enforcement agency having jurisdiction over the scene of the accident or disabled vehicle, or an individual involved in that accident or disabled vehicle, requests the owner or operator of a wrecker or towing service to come to the scene.

(b)A wrecker, recovery truck, or tow truck operator, who does not travel to the scene of a motor vehicle accident or disabled vehicle as described in subsection

(1)for the purpose of soliciting business for a wrecker, recovery, or towing service, offers assistance to a stranded motorist without creating a nuisance or interfering with management of a motor vehicle accident by law enforcement.

(3)Subject to section 252d, the law enforcement agency at the scene shall permit an owner or operator of a motor vehicle to request the towing, wrecker, or recovery service or roadside assistance service of his or her choice unless the vehicle is involved in a suspected criminal activity, fatality, or law enforcement investigation, if the vehicle is being impounded, or if the requested preference wrecker service is unavailable or cannot respond within a timely manner and the vehicle is creating a road or safety hazard as determined by law enforcement at the scene.

History: Add 2014, Act 303 , Eff. Jan. 7, 2015