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The PTROI, as one of its primary missions, represents the positions
of its membership both in Springfield with state legislators
and in Washington DC with federal legislation. PTROI BLOCKS PART OF NEW TOWING LAW! On July 18, 2008, PTROI filed a lawsuit in the United States District Court for the Northern District of Illinois against the Illinois Commerce Commission (“ILCC”) challenging the recently enacted Illinois Commercial Safety Towing Law (“ICSTL”) on the basis that it is preempted by federal law. As part of the lawsuit, PTROI requested the Court to enjoin, or temporarily stop, the ILCC from enforcing most of the provisions of the ICSTL. On December 11, 2008, the Court granted important portions of PTROI’s request. The Court issued a 36 page opinion in which it found that certain provisions of the ICSTL were, indeed, most likely preempted by federal law. As a result of the Court’s order, the ILCC is temporarily prohibited from enforcing parts of the ICSTL (including by issuing tickets, citations, and notices of violations). Specifically, the ILCC cannot do the following: Require towing companies to have specific authorization from the vehicle owner or operator before towing a damaged or disabled vehicle after issuing a pre-tow disclosure (i.e., this means you do not need written authorization to tow so long as you provide the pre-tow disclosure); Require towing companies to issue an itemized final invoice or keep copies of any invoices for five years; and Prohibit towing companies from including clauses in their contracts that waive or limit their liability. However, the remaining portions of the ICSTL may still be enforced, at least temporarily. Thus, your towing company is still required to do the following: Register your company and trucks under the ICSTL; Maintain insurance coverage; Issue a disclosure form to vehicle owners or operators before towing a damaged or disabled vehicle and keeping a copy for five years. This form needs to state your company name, address, telephone number, and the address of the location to which the vehicle will be towed as well as your price for services; and Maintain a sign at your storage facility advising customers of their rights. The Court believes that towing operators can quickly fill out a pre-printed form in a matter of seconds. For now, the ILCC’s pre-tow disclosure form will have to be revised in light of the Court issuing an injunction against certain provisions of the law. The Court’s order will stand until a final judgment is issued that disposes of the lawsuit. In addition, as a result of PTROI’s challenge of the ICSTL, the ILCC agreed that any hearings on administrative citations issued by the ILCC police (except for no registration or no insurance) will be deferred until the Court makes a ruling. In the event the Court deems any portion of the ICSTL to be preempted, the ILCC will refund any fines or penalties collected for violations of preempted provisions. We are pleased that the Court agreed that some of the law’s provisions appear to be illegal, and that we can make a further showing to assist the industry in having a law that is fair and reasonable. For further information, contact Melanie Matthews at (800) 286-0519.
Following you will find current legislation that affects our industry. HB1155: Concerns body shop and repair shops obtaining COP’s. They are reinventing the wheel and opening up issues that could harm us. This law states that body shops and repair shops could only sell their unclaimed or abandoned vehicles to a licensed auto recycler, and further states that any money you receive over your lien amount must be paid to any lienholders, or if none, the county. OPPOSE HB1230: States that no municipality may tow a vehicle for failure or refusal to show a driver’s license or insurance card. OPPOSE SB1394: Concerns self-storage lots and the procedure they use to lien vehicles. HB1631: Concerns the amount of time we must keep vehicles on our lots (increases it to 90 days) and opens the possibility of the police dept to sell vehicles. OPPOSE HB1220: Concerns and lists the offenses for which cities may charge administrative impound fees for vehicles that may be towed. SUPPORT HB1315: Concerns people riding in slow moving, towed vehicles such as parade vehicles or agricultural vehicles. HB1693: This is our bill and it seeks to eliminate the $2000.00 cap on police tows. It also seeks to allow mechanic liens to be processed in amounts over $2000.00 on police tows. SUPPORT HB3046: Concerns mechanic liens. As it currently stands the law requires that vehicles abandoned on private property must be removed by a police tow or private property relocator. This bill seeks to allow property owners the ability to process their own liens, thereby eliminating the towing company. OPPOSE We are also working on getting a 30,000 pound permit for single axle tow trucks instead of the current permit at 26,000 pounds
In the past the PTROI has fought and won battles at the state level by securing:
As important, the Association has worked to halt legislation which would have put undue burden to Illinois towers and have worked for a more amenable solution.
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