Pennsylvania § 7332 - Unlawful towing and towing storage facility practices.

§ 7332. Unlawful towing and towing storage facility practices.

(a) Failure to meet operational requirements.--A tow truck operator or the operator of a towing storage facility commits an offense if the operator:

(1) fails to maintain a physical street address accessible to the public during posted business hours;

(2) operates a tow truck without proper registration with the Department of Transportation;

(3) fails to display the name, address and telephone number of the tow truck business on the tow truck; or

(4) fails to post towing fees, storage fees, related service fees and hours of operation at the towing storage facility.

(b) Improper towing conduct.--At the scene of a motor vehicle accident, a tow truck operator commits an offense if the tow truck operator:

(1) fails to provide the owner or operator of the motor vehicle, if present, with a written notice containing the name, address and telephone number of a point of contact for motor vehicle retrieval;

(2) solicits or undertakes towing without being summoned by the owner or operator of the motor vehicle, a law enforcement officer or authorized municipal personnel. If summoned by a law enforcement officer or authorized municipal personnel, the selection of a tow truck operator shall be in accordance with a municipal rotational towing ordinance, if applicable; or

(3) secures the signature of the owner or operator of the motor vehicle on a document authorizing motor vehicle repair or storage for a duration of more than 24 hours as a condition of towing.

(c) Unlawful motor vehicle retention and fees.--A tow truck operator or the operator of a towing storage facility commits an offense if the operator:

(1) refuses, during posted hours of operation, to release a towed motor vehicle to the owner or operator of the motor vehicle, or an authorized representative of the owner or operator of the motor vehicle, unless a law enforcement officer has requested that the motor vehicle be held. Release of the motor vehicle may be conditioned on the payment of towing and storage and related services;

(2) fails to post, and when requested provide, towing fees, storage fees, related service fees and hours of operation at the towing storage facility;

(3) refuses to itemize in writing all charges to be paid for the towed motor vehicle;

(4) refuses to accept payment in cash, credit card from a common issuer or a check from an insurance company or authorized tower or salvor acting on behalf of the insurance company;

(5) charges a storage fee for a period during which access to the motor vehicle has been unreasonably refused to the owner or operator of the motor vehicle, or an authorized representative of the owner or operator of the motor vehicle, during posted business hours; or

(6) refuses to allow an authorized inspection of the motor vehicle for the purposes specified under 75 Pa.C.S. § 1799.4 (relating to examination of vehicle repairs) or section 11 of the act of December 29, 1972 (P.L.1713, No.367), known as the Motor Vehicle Physical Damage Appraiser Act.

(d) Penalties.--

(1) A violation of subsection (a) is punishable by a fine of not more than $750 per violation.

(2) For a second or subsequent violation of subsection (a), the violation is punishable by a fine of not more than $1,500.

(3) A violation of subsection (b) or (c) is punishable by a fine of not more than $2,500.

(4) For a second or subsequent violation of subsection (b) or (c), the violation is punishable by a fine of not more than $5,000.

(5) In addition to the penalties imposed under this subsection, for a third or subsequent violation of subsection (b) or (c), a law enforcement officer may impound a tow truck owned by the tow truck operator or the operator of a towing storage facility. An impoundment under this paragraph shall remain in effect until the tow truck operator or the operator of a towing storage facility satisfies the penalties imposed under this subsection and demonstrates compliance with this section in a manner determined by a court of competent jurisdiction.

(e) Municipal ordinance.--Nothing in this section shall preclude a municipality from enacting a rotational towing ordinance.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Law enforcement officer." A member of the Pennsylvania State Police or an individual employed as a police officer who is required to be trained under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

"Tow." To move, remove or recover a motor vehicle at the scene of a motor vehicle accident, regardless of whether the owner or operator of the motor vehicle consents to the moving, removal or recovery of the motor vehicle, for which a fee, not including dues to a club or association providing the service, is charged.

"Tow truck operator." A person performing towing in this Commonwealth, including the owner or operator of towing equipment.

"Towing storage facility." The location or business where a motor vehicle has been towed as a result of a motor vehicle accident and is securely stored in accordance with an agreement with the tow truck operator who has towed the motor vehicle.

(July 20, 2026, P.L. , No.46, eff. 150 days)

2026 Amendment. Act 46 added section 7332. Section of 1 of Act 46 provided that the General Assembly finds and declares the desire to promote safety, health and welfare for the residents of this Commonwealth by requiring proper standards and procedures for towing and recovery operations within this Commonwealth.