[Adopted 4-10-2018 by Bill No. 2018-01]
It is the intent of this article to protect the general welfare
and public interests of the residents of the community, and to safeguard
the public interests against predatory towing.
For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
The Charles County Sheriff's Office tow program coordinator
or his/her designee.
A motor vehicle as defined in Title 11, Subtitle 1, of the
Transportation Article: a vehicle that is self-propelled or propelled
by electric power obtained from overhead wires and that is not operated
on rails. "Motor vehicle" includes a low-speed vehicle. "Motor vehicle"
does not include a moped, motor scooter, or electric bicycle.
The permit to engage in the business of towing vehicles within
the boundaries of Charles County, Maryland, and issued pursuant to
this article.
The number of the permit issued by the Charles County Sheriff's
Office.
A natural person or a firm, partnership, association or corporation.
The holding, accommodation and protection of all towed motor
vehicles.
The supervisor of the Traffic Operations Unit.
The Traffic Operations Unit of the Charles County Sheriff's
Office.
Has the same meaning as in § 13-920 of the Transportation
Article of the Annotated Code of Maryland: a vehicle that is a Class
E (truck) vehicle that is designed to lift, pull, or carry a vehicle
by a hoist or mechanical apparatus, has a manufacturer's gross vehicle
weight rating of 10,000 pounds or more, and is equipped as a tow truck
or designed as a rollback. A rollback is a vehicle that is designed
with a ramp on wheels and a hydraulic lift with a capacity to haul
or tow an additional vehicle.
The number assigned by the coordinator to each tow truck
operating under a permit.
Any person who is the operator of a tow truck.
The moving or removing of a vehicle by a tow truck.
A person or entity that provides towing services.
The operation of removing or towing motor vehicles.
A.
The Charles County Sheriff's Office is authorized to maintain the
towing service permit program in Charles County.
B.
The Charles County Sheriff's Office may enforce the rules and regulations
for the licensing, maintenance and operation of towing companies in
Charles County.
C.
The coordinator is hereby authorized to promulgate and issue regulations
regarding licensing which are necessary to implement the express provisions
of this chapter and its purpose and intent. Before the implementation
of these regulations, the County Commissioners shall hold a public
hearing on the regulations providing that all interested persons have
an opportunity to be heard. The County Commissioners shall publish
notice of the time and place of the public hearing in a newspaper
of general circulation in the County at least once a week for not
less than four successive weeks. Any substantive changes to the regulations
after adoption by the County Commissioners shall require the coordinator
to provide written notice to all permitted tow companies, along with
notice to the towing and recovery professionals of Maryland. Every
January, the coordinator shall cause a meeting to be held with the
towing and recovery professionals of Maryland to share thoughts and
ideas on ways to improve the process.
A.
Except as provided in this article, it shall be unlawful for any
person to provide towing services in Charles County, Maryland, without
a permit issued in accordance with this article.
B.
Each permit shall be renewed on an annual basis.
C.
A person who provides a towing service in Charles County without
a permit is guilty of a misdemeanor and on conviction is subject to
a fine of not less than $500 or imprisonment not exceeding two months,
or both.
D.
Any tow company or tow company owner providing towing services without
a permit shall result in the tow truck being impounded in accordance
with regulations issued by the coordinator and may only be retrieved
upon presentation to the Charles County Sheriff's Office of proof
of permit and/or payment of a fine of $500.
A.
The provisions of this article shall not apply to the following:
(1)
Persons towing their own motor vehicles;
(2)
A towing company that tows without any charge, fees, or dues connected
therewith and with permission of the owner or operator of a motor
vehicle;
(3)
A towing company that tows a motor vehicle into or through Charles
County, Maryland, from a point outside the County;
(4)
The transportation of motor vehicles for sale to and from permitted
automobile dealers;
(5)
A towing company operating from a jurisdiction outside of Charles
County, Maryland, responding to a call from the owner or operator
for the removal of a motor vehicle from the County into such other
jurisdiction;
(6)
A towing company owned or operated by the government of the United
States, State of Maryland, Charles County, or any municipality within
Charles County.
A.
Application for a towing service permit shall be made upon a form
prescribed by the coordinator.
B.
In addition to such other information as the coordinator may reasonably
deem necessary for purposes of the implementation, administration,
and enforcement of this article, the application shall state the following:
(1)
The name, address and telephone number of the applicant; and if the
applicant is a partnership, the name, address and telephone number
of each partner, or if the applicant is a corporation, the names,
addresses and telephone numbers of the principal officers of the corporation
and the state in which incorporated; the name and address of the authorized
designated representative in the State of Maryland and the state in
which incorporated; the tow truck's vehicle identification number
(VIN); proof of state registration and tag number; United States or
Maryland Department of Transportation identification number and proof
of insurance; and
(2)
The business location from which towing services shall be provided
and the location of any storage facilities. It shall be the duty of
every permitted tow company to inform the coordinator of any changes
in business location or storage facility prior to the relocation from
the business location listed on the application.
C.
Every application shall be signed and certified that the information
given thereon is true and correct. The signature shall be that of
the applicant if the applicant is an individual; or if the applicant
is a firm, partnership or corporation, the signature shall be that
of an officer or partner or designated agent thereof.
A.
The coordinator shall issue regulations specifying the prerequisites,
qualifications and procedure for the issuance of two categories of
permit to provide towing services in the County.
(1)
Level 1: consensual towing, the towing of a motor vehicle at the
request of the owner or the owner's agent, insurer, primary lienholder
or law enforcement officer;
(2)
Level 2: nonconsensual towing, the towing of a motor vehicle from
private property at the request of the owner of the property or the
owner's designee, and consensual towing.
D.
Each permitted tow company shall be assigned a permit number which shall be displayed on each permitted tow truck in accordance with Subsection H of this section or the regulations issued by the coordinator.
E.
Each tow truck operating under a permit shall be assigned a tow truck medallion number, which must be displayed on the tow truck in accordance with Subsection H of this section or the regulations issued by the coordinator. A permitted tow company shall be subject to a truck fee of $25 per tow truck medallion issued by the coordinator.
F.
The Charles County Sheriff's Office is authorized to conduct an investigation
prior to issuing a towing permit as it deems necessary to determine
the applicant's qualifications for each permit, ability to engage
in the permitted tow company's activity without detriment to the public
and compliance with the regulations issued by the coordinator. The
investigation shall include a determination of whether there is adequate
storage and/or repair facilities at the locations specified on the
application. Each storage facility listed on the application shall
be in a place that is properly zoned for that use, allow entry and
exit in a fashion not to jeopardize the safety of any operator or
vehicle, and be readily available for the recovery of towed motor
vehicles in a safe manner. The coordinator shall also provide for
the inspection of permitted tow trucks to determine whether the towing
apparatus is safe and capable of providing towing services.
G.
The permit issued under this article shall be prominently displayed
at the permitted tow company's established place of business. In case
of loss, mutilation or destruction of a permit, a duplicate may be
issued at a cost of $25 per permit.
H.
Each tow truck shall have permanent signs or markings on both sides
of the vehicle which comply with 49 CFR 390.21. In addition to other
markings required of self-propelled commercial motor vehicles, each
tow truck shall have markings that:
(1)
Appear on both sides of the self-propelled CMV;
(2)
Shall be in letters that contrast sharply in color with the background
on which the letters are placed;
(3)
Shall be readily legible, during daylight hours, from a distance
of 50 feet (15.24 meters) while the CMV is stationary; and
(4)
Shall be kept and maintained in a manner that retains the legibility required by Subsection H(3) of this section. Each tow truck shall also display on a location determined by the tow coordinator a tow truck medallion number issued by the coordinator that contains the permit number of the permitted tow company for that tow truck.
I.
The permitted tow company shall file with the coordinator a towing
service price list. The permitted tow company shall not make any changes
in the towing service price list without first submitting revised
price lists with the coordinator.
J.
Before providing any consensual towing service, each tow truck operator
shall inform the owner or operator of the motor vehicle or the owner's
representative of the towing service charges.
K.
Upon payment of any fees for towing services, the tow truck operator
shall sign and deliver a receipt for any payment to the owner and/or
operator of the motor vehicle. The receipt shall be signed in a legible
manner and be accompanied with a printed signature or a tow-company-issued
employee identification number, as well as the permit number of the
towing company and the tow truck medallion number of the tow truck
providing the towing service.
L.
The motor vehicle shall be moved to the permitted tow company's storage
or repair facility within Charles County unless directed otherwise
by the Sheriff's Office or the owner of the vehicle, or the owner's
authorized agent. The storage or repair facility shall not under any
circumstances be any area other than the company's established place
of business as designated in the permit issued by the coordinator.
Supplementary or overflow storage shall require separate offices,
must be within Charles County and comply with all applicable zoning
requirements. Any motor vehicle so moved shall only be stored, and
no work shall be done on such motor vehicle without the consent of
the owner or operator.
M.
Each towing company permitted under the provisions of this article
shall be required to maintain a daily towing log. Such daily towing
log shall be maintained by the permitted tow company for one year.
The daily towing log shall include the following:
(1)
The license plate number and vehicle identification number (VIN)
of the motor vehicle towed;
(2)
The location the motor vehicle was towed to and from;
(3)
The reasons for towing;
(4)
The name and telephone number of the person authorizing the towing
of the motor vehicle;
(5)
The year, make and model of the vehicle towed;
(6)
A copy of each notification letter and return receipt.
N.
Each towing company permitted under the provisions of this article shall be required to make available for inspection by the Charles County Sheriff's Office such daily towing log as provided for in Subsection M, above, and shall make available for inspection by the Sheriff's Office, during normal business hours, those motor vehicles so listed in the daily towing log which have been impounded or stored upon the storage or repair facility of the towing company.
O.
Each towing company permitted under the provisions of this article
which provides nonconsensual towing services shall have personnel
present at its storage yard at all times when towing services are
available for the purpose of releasing vehicles impounded pursuant
to state or County law.
P.
Any monies collected by the towing services permit program will be
deposited with the County Treasurer and designated as for the use
of the towing services permit program.
A.
Each person obtaining a towing permit under the provisions of this
article shall forthwith file with the coordinator a copy of his insurance
policy or a certificate of insurance demonstrating coverage for losses
sustained by the owner of any motor vehicle due to negligence occurring
during the time that the vehicle is in the custody of the towing service.
B.
Each person who registers a tow truck under § 13-920 of
the Transportation Article of the Maryland Annotated Code shall obtain
commercial liability insurance in the amount of at least $1,000,000
per person, $300,000 per occurrence of bodily injury liability, and
$100,000 per occurrence property damage liability. In addition, each
person shall provide proof of insurance for cargo of at least $100,000
and garagekeepers' liability operations as required by state law of
at least $100,000. Each person obtaining a towing permit under the
provisions of this article shall also list the Charles County Sheriff's
Office as a certificate holder and additional insured.
C.
Each permitted tow company shall also maintain workers' compensation
coverage for the operators of its tow truck.
The licensing requirement as to adequate storage and/or repair
facilities within Charles County and capability of towing apparatus,
insurance and maintenance of daily towing log shall be a continuing
obligation of the permitted tow company.
A.
It shall be unlawful for any towing company or tow truck operator
permitted under the provisions of this chapter to move, tow, or store
any motor vehicle to a place more than 15 miles from the place of
removal or to a location outside of Charles County without the consent
of the owner, operator, insurer or primary lienholder.
B.
It shall be unlawful for any towing company or tow truck operator,
by any statement or action, to make any false representation to the
effect that such person conducting the towing service represents or
is approved by any organization which provides emergency road service
for motor vehicles, or to make false representation as to the name
of the towing company.
C.
It shall be unlawful for any towing company or tow truck operator
at the scene of an accident or breakdown to require the execution
of an agreement to have repair work performed as a condition to providing
towing service.
D.
It shall be unlawful for any towing company or tow truck operator
to use any public space for the accommodation of a motor vehicle removed
from the scene of an accident or breakdown, or impoundment, except
as the use of any such space may be directed by a member of the Sheriff's
Office.
E.
It shall be unlawful for any tow truck operator to furnish any towing
service at the scene of an accident or breakdown unless he has been
authorized or called to such scene by the owner or operator of the
motor vehicle or by a member of law enforcement.
A.
The coordinator is hereby authorized to deny, suspend, revoke, or
refuse to renew any permits issued under this chapter if the coordinator
finds that:
(1)
The applicant or permitted tow company has failed to comply with
any provision contained in the Charles County Code.
(2)
The applicant or permitted tow company furnished or made misleading
or false statements on reports, certifications and written documents
required by this chapter.
(3)
A court of competent jurisdiction has found an applicant for a permit
or a permitted tow company guilty of criminal activity during the
preceding three years directly relating to the operation or business
of towing or for a crime involving theft or dishonesty, including
but not limited to the receiving or sale of stolen motor vehicles.
A finding of guilt includes a verdict, a plea of guilty, a plea of
nolo contendere, and the granting of probation before judgment.
(4)
A court of competent jurisdiction has found any tow truck operator
guilty of a criminal act authorized by the permitted tow company.
(5)
A motor vehicle has been towed by a towing company without the consent
of the owner or operator of the motor vehicle or without the direction
of the Sheriff's Office or authorized under some authority of law.
(6)
A tow truck operator has knowingly failed to comply with the specific
requirement of any laws regulating the towing of motor vehicles.
(7)
The permitted tow company has failed to make available for inspection
by the coordinator or the Sheriff's Office such daily towing log as
required by this article.
(8)
The permitted tow company has failed to allow the Sheriff's Office
reasonable access to inspect any motor vehicle listed in the daily
log that has been impounded or stored upon the storage facility of
the towing company.
(9)
The permitted tow company has willfully and deliberately engaged in a course of conduct which is in violation of any provision of Chapter 287, Article V, of the Charles County Code or the consumer protection laws of the state, or has repeatedly demonstrated a disregard for compliance with any provision or provisions of Chapter 287, Article V, of the Charles County Code or the consumer protection laws of the state.
(10)
The permitted tow company has failed to comply with an order
to reimburse the owner of a motor vehicle that was deemed improperly
towed within 15 days of the order or failed to comply with any other
order of a hearing officer resulting from a proceeding under this
article or such regulations as the coordinator may issue.
(11)
The permitted tow company has failed to accept a credit card
for payment at its business location or storage facility more than
five times in a year.
(12)
The permitted tow company has failed to appear at a hearing
three times in a three-month period.
B.
In determining whether to suspend or revoke a permit, the coordinator
shall consider the nature of the violation(s), the permitted tow company's
history of compliance or noncompliance, and any other factors the
coordinator determines to be relevant. The coordinator shall not revoke
a permit except for violations that pose a danger to public safety
or that demonstrate repeated failures to comply with this chapter.
C.
If the coordinator has reasonable grounds to believe that a permitted
tow company is in violation of this chapter, the coordinator shall
notify the permitted tow company and its resident agent in writing
of:
(1)
The nature of the violation;
(2)
The sanction the coordinator intends to impose;
(3)
The remedy, if any, the permitted tow company may effect to avoid
the imposition of the sanction; and
(4)
The date by which the permitted tow company must either remedy the
violation and/or provide notice of its intent to contest the imposition
of a sanction. The date may not be earlier than seven days from the
date the notice is sent to the permitted company and its resident
agent if the notice is sent electronically or 10 days if the notice
is sent solely by mail. The notice may be sent to the permitted tow
company and its resident agent by electronic mail and must also be
sent via registered or certified mail.
D.
If the permitted tow company wishes to contest the imposition of sanctions, the permitted tow company must provide written notice to the coordinator at least one day before the effective date of the sanction. The coordinator will schedule a meeting with the permitted tow company to occur within 15 days. The meeting will be conducted in an informal manner. Within five days of the meeting, the coordinator shall prepare a written memorandum documenting the results of the meeting. If the coordinator still intends to impose a sanction, the coordinator will document the sanction and the information supporting the coordinator's decision. The coordinator may not impose a sanction more severe than that described in the notification provided under § 287-29C unless the reasons therefor are particularly described. The memorandum will specify the date the sanction is to go into effect. The decision of the coordinator is final and may be appealed only pursuant to the procedures outlined in § 287-30.
E.
If the coordinator denies or refuses to renew a permit application, the coordinator shall provide a written explanation for the action. If the application is deficient, the coordinator shall specify the deficiencies and allow the applicant 30 days to correct the deficiencies. An application may be denied or a permit not renewed if the applicant or a person required to be listed under § 287-24B is an owner or partner of another tow company whose permit is suspended or revoked. The decision of the coordinator is final and may be appealed only pursuant to the procedures outlined in § 287-30.
A.
A permitted tow company or an applicant aggrieved by a final decision
of the coordinator may appeal the decision of the coordinator to the
Charles County Sheriff's Office's Commander of Special Operations
Division ("the Commander"). The notice of appeal must be in writing
and delivered to the coordinator within 10 calendar days of the coordinator's
final decision. Upon receipt of the notice of appeal, the coordinator
shall forward a copy of all material related to the decision to the
Commander.
B.
The Commander shall schedule a hearing to take place within 30 days
of the receipt of the notice of appeal. The hearing shall be recorded.
The aggrieved party may be represented by counsel and may present
evidence and argument, including testimony under oath to the Commander.
The coordinator, through the Charles County Sheriff's Office Traffic
Operations Supervisor, may present evidence and argument, including
testimony under oath. The Commander may consider all evidence of probative
value that is commonly accepted by individuals in the conduct of their
affairs but may not consider evidence that is incompetent, irrelevant,
immaterial, or unduly repetitious. The Commander may consult with
attorneys of the Charles County Sheriff's Office's Office of General
Counsel.
C.
The Commander, after consultation with the Charles County Sheriff's
Office's Assistant Sheriff of Operations, has the authority to affirm,
modify, or vacate the coordinator's decision and may direct further
action by the coordinator or the permitted tow company or applicant.
The Commander may state his decision on the record or may reserve
his decision. Within 30 days of the hearing, the Commander shall issue
a written decision. The Commander's written decision will include
a finding of facts.
D.
A permitted tow company or applicant aggrieved by the Commander's decision may appeal to the Circuit Court for Charles County. An appeal to the Circuit Court is governed by Title 7, Chapter 200, of the Maryland Rules. The coordinator may not appeal the decision of the Commander. The Sheriff's Office shall be represented in the Circuit Court by its Office of General Counsel or by the County Attorney's office.
E.
A final decision of the coordinator suspending a permit is stayed
pending resolution of any appeal to the Commander unless the Commander,
for good cause, directs otherwise. A final decision of the coordinator
revoking a permit is not stayed pending resolution of any appeal to
the Commander unless the Commander, for good cause, directs otherwise.
The decision of the Commander may be stayed by the Circuit Court only
pursuant to Maryland Rule 7-205.
Except as provided otherwise in this article, a violation by
a person of any of the provisions of this article is guilty of a misdemeanor
and on conviction is subject to a fine not exceeding $500 or imprisonment
not to exceed two months, or both.
In the event of a conflict, federal law, state law, or written
program guidance issued by a unit of the federal or state government
shall preempt a rule or regulation adopted or any other action taken
under this chapter.
