I'm pretty sure that's not the case in VA. California tends to have a lot more stringent consumer protection laws in place then other states.
According to Virginia senate Bill 134, they in fact do regulate their towing industry with many of the same requirements that are in place in California.
Senate Bill 134 made a number of amendments to existing Virginia statutes governing
towing and recovery operators. They are reviewed here in the order in which they
appeared in the bill.
Mechanic’s Lien Expansion: The law expanded the definition of a mechanic’s lien to
include “towing, storage, and recovery” in addition to the present “keeping, supporting,
and care” provision. It increased from three to seven days the time limit for garage
keepers to obtain vehicle data from the Department of Motor Vehicles and to provide a
written notice to the owner of a stored vehicle. The law also raised the so called “junk car”
threshold from $5,000 to $7,500; and increased from $25 to $50 per day the amount owed
to an owner if the seller fails to pay to the owner within 30 days any surplus gained from
the sale of the vehicle and satisfaction of the lien.
Unattended or Immobile Vehicles: SB 134 creates procedures by which towing and
storage companies can seek to recover their fees and charges for towing and storing
immobilized and abandoned vehicles. For example, where a vehicle is stolen or illegally
used by an individual other than the vehicle’s owner, the owner is relieved of any storage,
towing and recovery fees if the owner removes the vehicle from the recovery lot within
five business days of being notified by the recovery operator. If the vehicle’s owner fails
to meet this deadline, that individual will be responsible for the fees, but can recover
them from the state treasury from the appropriation for criminal charges. Similarly, where
an insurance company has become the successor in interest of a stolen vehicle, the insurer
is also able to be reimbursed by the state treasury.
Local Government Ordinances: The law allows a local governing body to create an
ordinance dealing with local regulations, but specifies that it cannot be less restrictive
than the regulations established by the Board of Towing and Recovery Operators. SB 134
also expands a localities’ ability to regulate “trespass tows” and provides that, in the event
a vehicle is towed from one locality and stored in another, the ordinances of the locality
from which the vehicle was towed shall apply.
The law also provides for the so-called “secondary tow.” When a vehicle is towed as the
result of a police towing request, the towing and recovery operator, upon receipt of a
written request from the vehicle’s owner and payment in full for all towing, recovery, and
storage charges, shall release the vehicle to another location for repair, storage, or
disposal. The definition of “owner” has been expanded to include insurance companies
representing the owner. As for payment, all towing and recovery businesses are required
to accept cash, insurance company checks, certified checks, money orders, at least one of
two commonly used, nationally recognized credit cards, or any additional methods of
payment approved by the Board.
SB 134 also requires that signs used to provide notice that a trespassing vehicle will be
towed include at least the non-emergency telephone number of the local law-enforcement
agency or the telephone number of the towing and recovery business authorized to
perform the tows.
The bill also prohibits local requirements that towing and recovery businesses provide
service as repair facilities, body shops, or gas stations. Under this measure, localities
would be authorized by ordinance to require photographic evidence to justify “trespass
tows,” posting of signs providing notice of where towed vehicles may be reclaimed and
the name and telephone number of the local consumer affairs office, and obtaining the
so-called “second signature” from the property owner/agent prior to tows.
Additionally, the bill prohibits certain relationships between towing and recovery
businesses and the individuals who sign an authorization of a trespass tow.
The maximum allowable hookup and initial towing fee for trespass tows of passenger
cars is increased from $85 to $125, unless a local ordinance sets a different limit, and the
amount of additional fees for late night, weekend, and holiday tows is raised from $10 to
$25, but is not to exceed $50.
The bill allows local governments, by ordinance, to prohibit storage charges for times
when owners cannot reclaim their vehicles because the towing and recovery business is
closed. It also places caps on the charges these businesses may impose and requires any
such limits be subject to “periodic and timely” adjustments. Local towing and advisory
boards are required to have an equal number of local law-enforcement agency and towing
and recovery operator representatives, plus one “civilian.” They must meet at least once a
year at the call of the chairman, who is to be chosen annually by a majority vote of the
board. Board for Towing and Recovery Operators Senate Bill 134 creates a new chapter
(46.2-2800 through 46.2-2828) that establishes the Board for Towing and Recovery
Operators to license and regulate the towing and recovery industry and tow truck drivers.
The Board will consist of 15 members, two of whom are appointed by the Governor, four
by the Speaker of the House of Delegates, three by the Senate Committee on Rules and
three citizens appointed at large. As well, the commissioners of the Department of Motor
Vehicles and Agriculture and Consumer Services and the Superintendent of the State
Police or their designees are members. The Board is allowed to hire an executive director
to oversee day-to-day operations.
One of the Board’s primary responsibilities is setting the licensing standards for all Class
A or Class B operators,who will be required on and after July 1, 2008 to hold a license.
Among its charges, the Board can establish the qualifications of applicants for licensure,
create an examination process, determine fees for licensure and renewal, develop a
complaint process and draft regulations to revoke, suspend, or deny the renewal of a
license for violations of the chapter. Applicants who successfully complete the
licensing process will be issued a one-year tow driver qualification document. The
applicants also will be required to have a valid driver’s license or commercial driver’s
license, show written proof of being employed by a licensed recovery operator, not be a
registered sex offender and have their fingerprints cleared by the FBI’s Central Criminal
Records Exchange. As well, the Board may, by regulation, create temporary tow truck
driver authorization documents, valid for less than five years, for non-Virginia residents.
The chapter requires the Board to create by regulation public safety towing and recovery services and allows the Board to establish continuing education requirements. The Virginia Department of Treasury is required to provide loans of $350,000 for each of the first two fiscal years to assist the Board with its start-up costs until self-funding mechanisms are established and implemented
