Top Tag And Title Services in Indianapolis, IN 46208
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Stealth Recovery & Towing Inc
By Charlene January 21, 2011
I was in a ditch.. the guy stopped in his personal car, let me set there til his truck arrived and pulled me out in 10min. These guys where great. Thank you ...read more
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News & Towing
Media...you posted only 1/3 the story... My complaint isn't the lack of daily storage but the unfairness of the city towing co. vs private tow companys;... we can't charge storage for 24hrs yet the city charges storge from the minute your car hits a storage lot. This is my fight... along with a NOT making tow companies have a criminal background check? So collected $$ to tow but let the thieves do it getting personal effects from your cars. Post the whole story next time. Barry ...read more
By Stealth Recovery & Towing Inc July 18, 2011
New Tow Laws...
We at Stealth have assisted in the Co Authoring of the new Indianapolis Tow Rules&Regulations. CITY-COUNTY GENERAL ORDINANCE NO.____, 2011 PROPOSAL NO.____, 2011 PROPOSAL FOR A GENERAL ORDINANCE to amend the Revised Code to license and regulate tow businesses thatengage in non-consensual towing,andto place requirements and restrictions on the manner in which non-consensual towing may be performed. BE IT ORDAINED BY THE CITY-COUNTY COUNCIL OF THE CITY OF INDIANAPOLIS AND OF MARION COUNTY, INDIANA: SECTION 1. Title IV of the "Revised Code of the Consolidated City and County," regarding business and commercial regulations and licenses, hereby is amended by the addition of a NEW Chapter 995 regarding non-consensual tow businesses, to read as follows: Chapter 995 NON-CONSENSUAL TOW BUSINESSES ARTICLE I. PURPOSE AND DEFINITIONS; REGULATIONS Sec. 995-101. Purpose. The purpose of this chapter is to protect the public from unconscionable practices associated with non-consensual towing, by means of the licensure of businesses engaged in this activity together with restrictions and requirements on the manner in which non-consensual towing may be performed. Sec. 995-102. Definitions. As used in this chapter, the following terms shall have the meanings ascribed to them in this section unless otherwise indicated clearly by text. Consensual towmeans any tow of a vehicle initiated by the owner or operator of the vehicle or by a person who has lawful possession, custody or control of the vehicle. Non-consensual towmeans the towing, by a tow business or tow truck operator, of a vehicle trespassing on private property, made at the request of the owner of private property or his or her authorized agent, without prior consent or authorization by the vehicle’s owner or operator. Private parking lotmeans and includes: (1) A vehicle parking lot built for, or provided to, patrons or staff of a business or other organization; (2) A commercial parking facility defined in section 931-101 of the code; (3) A parking lot for multifamily dwellings; or (4) A vacant lot or undeveloped lot in which parking space is provided. Private property ownermeans a person who exercises dominion and control over real property, including, but not limited to, the legal title holder, lessee, resident manager, property manager, or other agent who has legal authority to bind the owner. Towortowingmeans the act of attaching, lifting, pulling, or dragging any vehicle behind a tow truck that is doing such attaching, lifting, pulling, or dragging. Such towed vehicle can be self-supporting, carried on a dolly-type platform, or be supported on any other item necessary to facilitate such towing. Tow businessmeans a person or commercial entity that is engaged in, or offers, the service of towing or otherwise removing vehicles from one place to another by the use of a tow truck. Tow business licensemeans a license issued by the license administrator to a business engaged in non-consensual towing of vehicles within the city. Tow truckortow vehiclemeans any motor vehicle used for the purpose of towing or removal of vehicles. The definition includes but is not limited towreckeras defined in section 611-202 of the code. Tow truck operatormeans the driver or operator of any tow truck. Vehiclemeans a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, buggies, wagons, and watercraft of any type designed to transport one or more persons. Sec. 995-103. Authority to promulgate regulations. The license administrator is authorized to make and promulgate reasonable and necessary regulations to carry out provisions of this chapter as provided for by section 801-201 and chapter 141 of this Code. ARTICLE II.LICENSE Sec. 995-201. License required; exception; fee. (a) It shall be unlawful for a tow business that performs non-consensual towing to perform a towing service within the city without first having been issued a license therefor by the license administrator. The requirement for this license is made without regard to whether or not the towing business is physically headquartered within the boundaries of the city. (b) Notwithstanding the provisions of subsection (a) of this section, a tow truck business that merely transports a vehicle through the city is exempt from this licensing requirement, provided that the tow does not originate or terminate within the city. (c)The fee for a tow business license shall be provided in section 131-501 of the Code. Sec. 995-202. Emergency waiver. In the event of an emergency that requires the utilization of a greater number of tow businesses than are licensed, the mayor by executive order may waive all tow business license requirements for a period of time not to exceed seven (7) days in which such emergency exists. Sec. 995-203. License application. (a)In general.Upon application for a tow business license, a tow business owner shall provide the following information to the license administrator, in addition to the information required under section 801-203 of the code: (1) The tow business’s taxpayer identification number; (2) The telephone number and e-mail address of the primary place of business; (3) The address and telephone number of any vehicle storage facility where vehicles will be towed and stored; (4) A telephone number where the principal owner(s) of the tow business can be reached in the event of an emergency; (5) The vehicle identification number (VIN), make, model year, and towing weight capacity of all tow vehicles owned, operated or otherwise controlled by the tow business; and (6) The name of each person employed or contracted by the tow business as a tow truck operator. (b)Insurance.Upon application for the tow business license, a tow business owner shall provide proof of insurance, in an amount approved by the license administrator, as evidenced by a certificate of insurance that shows the following insurance coverage: (1) General liability insurance ("occurrence" based policy); (2) Automotive liability; (3) Garage keeper's insurance; and (4) Workers' compensation insurance that meets Indiana statutory requirements. The license administrator must be provided notice in the event of cancellation or non-renewal of any of the above policies of insurance. The license administrator must also be provided notice regarding any changes, amendments or endorsements in the above policies. A copy of all new or amended policies must be provided to the license administrator within fifteen (15) days of the issuance of any new policies or amendments to any existing policies. (c)Tow truck operators.Upon application for the tow business license, a tow business owner shall provide a copy of the state-issued valid driver's license of each person employed or contracted by the tow business to work as a tow truck operator. (d)Vehicle storage facilities.A tow business shall have a vehicle storage facility. The issuance of a tow business license is contingent upon the license administrator’s approval of any proof submitted by the tow business that any such facility is secure, and provides adequate drainage. (e)Amendment.In the event that information provided in the license application changes during the term of the license, the tow business shall give written notice of such changes to the license administrator within fifteen (15) calendar days of the occurrence of the change. Such information that must be updated shall include: addresses; telephone numbers; termination of insurance or changes in insurance policies; information pertaining to towing equipment; information relative to the addition or termination of tow truck operators; and, a tow truck operator’s driver’s license suspension or felony conviction. Sec. 995-204. Tow truck operator qualifications. (a) The issuance of a tow business license is contingent upon the license administrator’s approval of all persons who work as a tow truck operator for the tow business. (b) A person will be not approved to work as a tow truck operator, if within the last five (5) years, the person has been convicted of a felony related to theft, a felony for the operation a vehicle while intoxicated or impaired, or a felony related to a crime of violence committed against a person. (c) Any approval previously given is subject to revocation if the tow truck operator’s state issued driver's license is suspended or revoked, or if the person is convicted of any the felonies listed above. Sec. 995-205. Tow truck operator identification. Upon the issuance of a tow business license, the license administrator shall issue identification to each of the licensee’s tow truck operators that have been approved by the license administrator. Such identification shall be in a form approved by the license administrator, and must be in the possession of the tow truck operator at all times while operating a tow truck. In the event that a tow truck operator’s state-issued driver's license is suspended or revoked, the identification must be surrendered immediately to the license administrator. Sec. 995-206. Tow business fee schedule. (a) A tow business license applicant shall prepare and file with the license administrator a schedule of fees the tow business may charge for the towing and storage of vehicles, including incidental or associated fees. The schedule must include any fees for service that the applicant may charge. (b) Prior to the undertaking of a tow, a tow truck operator, upon request, shall present such schedule of fees to the customer for his or her examination. (c) It shall be unlawful for a tow business to charge a fee in excess of, or for services not listed on, the schedule of fees filed with the license administrator. Sec. 995-207. Display of business name and proof of licensure. A tow business licensee shall display the name of the business on each of its tow trucks. Each tow truck must display proof of licensure in the manner approved by the license administrator. ARTICLE III. NON-CONSENSUAL TOW REQUIREMENTS AND RESTRICTIONS Sec. 995-301. Application. The provisions of this article apply only to non-consensual tows in the city. Sec. 995-302. Tows from a private parking lot. (a) It shall be unlawful for a licensed tow business or tow truck operator to tow a vehicle from a private parking lot unless the private parking lot owner or the owner’s authorized agent, present at the time of the tow, signs a contemporaneous specific written authorization for the tow of a vehicle. For purposes of this section,a tow business owner or employee, or tow truck operator, may not bethe private parking lot owner’s authorized agent. (b) Such written authorization shall include the following information: (1) The make and model of the vehicle to be towed; (2) The license number and state of issuance of the license plate of the vehicle to be towed; (3) The address of the private parking lot from which the vehicle is to be towed; (4) The signature and printed name of the person authorizing the tow; (5) A written statement indicating the date and time of the authorization, that the person authorizing the tow is the owner of the private parking lot or his or her authorized agent, and thatsuchperson is not atow business owner or employee, or tow truck operator; (6) A written statement indicating why the vehicle was parked in a manner inconsistent with posted instructions and subject to tow; and (7) Any other information deemed necessary by the license administrator. Sec. 995-303. Signs required to be posted on parking lot; exception. (a) It shall be unlawful for any tow business or tow truck operator to tow a vehicle unless the private parking lot in which the vehicle is parked has a sign, posted in plain view at each entrance and exit, that has been permanently installed for a minimum of twenty-four (24) hours prior to any vehicle being removed. The license administrator may prescribe additional specifications for the construction, placement, content, and lettering of required signs. (b) Notwithstanding the provisions of subsection (a), a vehicle may lawfully be towed if: (1) The owner or operator of the vehicle is personally notified that the vehicle is unauthorized to park and is subject to being towed at the owner’s expense; (2) A vehicle is parked in such a manner that it restricts the normal operations of business; or (3) A vehicle is otherwise unlawfully parked pursuant to this code, state statute, or other law. Sec. 995-304. Additional requirements. (a) It shall be unlawful to commit an act in violation of the provisions of this section. (b) The practice of booting a vehicle to hold it for towing is prohibited. (c) All vehicles that are towed under this chapter shall be towed directly and continuously to a storage facility leased or owned by the tow business, and shall not be placed or kept in any temporary holding area. (d) All vehicles towed must be stored within the county or within a ten (10) mile radius of where the tow originated. (e) The towed vehicle shall be available to be retrieved within thirty (30) minutes of arrival at the storage facility, and shall be released promptly upon payment of fees. (f) A tow business and tow truck operator shall allow the vehicle owner, or such owner’s agent with an original notarized statement, to remove or retrieve personal property or possessions that are not affixed, from a vehicle. The retrieval of possessions may be at the scene of the tow or at the storage facility prior to payment. A tow business or tow truck operator is prohibited from charging a fee for this retrieval or to refuse to allow retrieval of such possessions. (g) The vehicle owner or agent shall be permitted to inspect the vehicle before accepting its return. A release or waiver of liability of any kind is prohibited as a condition of the release of the vehicle. (h) It is unlawful for a person, including a tow business or tow truck operator to pay or rebate money, or solicit or offer the payment or rebate of money, or other valuable consideration for the authority to tow vehicles. (i) If the owner of a vehicle is present and capable of removing the vehicle from the private parking lot before it is removed by a tow business or tow truck operator, the vehicle shall not be towed; however, in such event, the owner of the vehicle shall be liable for a reasonable fee, not to exceed one half of the regular towing fee, in lieu of towing, payable to the tow business or tow truck operator. This fee shall only apply if the tow truck is attached to the offending vehicle and the offending vehicle has been lifted so at least two of the tires are off the ground and still on the lot. Sec. 995-305. Towing and storage fees. (a) It shall be unlawful to charge any fee associated in any way with the towing and storage of a vehicle under this chapter, except as follows: (1)For the towing of a vehicle, the maximum fee shall be One Hundred and Fifty Dollars ($150.00); (2) For the storage of a towed vehicle, the maximum fee for each twenty-four (24) hour period of storage shall be Thirty Dollars ($30.00); provided, however, that a storage fee may not begin to accrue until three (3) hours have passed since the vehicle arrived at the storage facility. (b) This fee limitation does not restrict fees being charged for other services that may be requested by the vehicle owner or operator. (c) The license administrator may review and adjust the fee limitations provided in this section by the promulgation of a regulation. (d) When a vehicle is towed in violation of this chapter, there shall be no towing or storage fees imposed on the owner or operator of the vehicle.Any person who violates this article shall be liable to the vehicle owner for any amounts actually paid by the owner of the vehicle for the tow and storage of the vehicle, as well as for any damage to the vehicle resulting therefrom. Sec. 995-306. Storage facility requirements; method of payment; receipt. (a) It shall be a violation of this code to commit any act in the city that is not in compliance with the provisions of this section. (b) A tow business that tows a vehicle under this article shall provide: (1) At the vehicle storage facility either an attendant who is on site twenty-four (24) hours per days, seven (7) days per week including holidays, to return vehicles to theowner, operator, driver or authorized designee thereof, upon the payment of towing and storage charges; or (2) A conspicuously located and well lighted sign at the storage facility that states the telephone number where the owner, manager, or attendant of the storage facility may be reached at any time twenty-four (24) hours per day, seven (7) days per week, including holidays, so that a towed vehicle may be reclaimed in a minimum amount of time, not to exceed one (1) hour. (c) A tow business that tows a vehicle under this article shall accept payment for towing and storage fees by any of the following forms of payment: (1) Cash in United States currency; (2)Travelers' checks or money orders payable in United States currency; (3) Debit cards; and (4)Visa, MasterCard or Discovery credit card. There shall be no additional charge for the use of a credit card. (d) Upon payment of authorized towing and storage fees, a tow business that tows a vehicle under this article shall provide a receipt to the owner, operator, driver or authorized designee thereof, that contains the following information: (1) The name and address of the tow service business; (2) The address from which the vehicle was towed; (3) The date and time that the vehicle was towed; (4) The date and time that the vehicle entered the facility at which it was placed for storage; (5) An itemized list of all the fees that are being charged; and (6) A name of the property owner or authorized agent who requested the tow. Sec. 995-307. Records required to be kept. (a) A tow business shall maintain a copy of any agreement with a private parking lot owner that authorizes the towing of vehicles. (b) A tow business shall maintain a legible record, in a written or electronic form approved by the license administrator, which shall show the following information for each vehicle that it towed under the provisions of this chapter: (1) The written authorization for the tow described in section 995-302; (2) The date and time that the vehicle was towed; (3) The date and time that the vehicle entered the facility at which it was placed for storage; (4) The make, model, year, vehicle identification number, and license plate number of the vehicle; (5) The address of the property from which the vehicle was removed; and (6) The towing and storage fees actually charged. (c) Records under subsection (a) and (b) above shall be maintained for a period of two (2) years from the date of each tow, and shall be made available for inspection by the city during normal business hours. ARTICLE IV. ENFORCEMENT Sec. 995-401. Enforcement and penalties. Any violation of this chapter shall be subject to the enforcement procedures and penalties provided in section 103-3, and in article IV of chapter 801, of this Code. SECTION 2. Section 131-501 of the "Revised Code of the Consolidated City and County," regarding the schedule of license and permit fees, hereby is amended by the addition of the language that is underscored, to read as follows: ...read more
By Stealth Recovery & Towing Inc June 06, 2011
New Tow Laws Indiana
We here at Stealth have become the for runner in attempting to set the standards for the new laws and regulations for tow companies in indy&indiana. We believe in a fair market. New laws and regulations being written shall hopefully make thier way to both the state and city levels by June 2011- ...read more
By Stealth Recovery & Towing Inc May 17, 2011