HB 2407 -- Failure to Pay Towing Charges

Sponsor:  Ervin

This bill allows a towing company to recover reasonable towing
and storage fees associated with towing an abandoned vehicle from
public property.  The towing company may submit an affidavit
along with a $5 filing fee within 30 days, but no more than 45
days, of the tow to the Department of Revenue.  The towing
company must also submit an application which must include
specified required information regarding the towing and storage
fees and a copy of the crime and inquiry inspection report.  The
applicant must attest that the towing company has complied with
all the statutory procedural requirements.

Within five days of receiving the application, the department
director must send notice to the registered owner of the
abandoned motor vehicle that a claim for reasonable towing and
storage charges has been filed and his or her driver's license or
driving privileges and any motor vehicle registrations registered
in the owner's name will be suspended if he or she does not
provide satisfactory proof that the charges have been satisfied
within 30 days of receiving the notice.  The notice must be
mailed to the registered owner at the last known address shown on
the department's records and will be deemed received three days
after mailing.  The notice must clearly specify the reason and
statutory grounds for the suspension, the effective date of the
suspension, the right of the person to request a hearing, the
procedure for requesting a hearing, and the date by which that
request for a hearing must be made.  If the request for a hearing
is received by the department prior to the effective date of the
suspension, the effective date of the suspension will be stayed
until a final order is issued.

The suspension will become effective 30 days after the registered
owner of the abandoned motor vehicle is deemed to have received
the notice and will continue until the owner submits proof that
he or she has satisfied all reasonable towing and storage charges
associated with the abandoned property.

Reasonable storage charges cannot exceed the charges for motor
vehicles which have been towed with the consent of the owner on a
negotiated basis.  For any application submitted under the
provisions of the bill, reasonable storage charges will not
exceed 90 days.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm