• Immediately, if the property is any properly posted residential property.
An “unauthorized vehicle” may also be towed.
These provisions, applicable to Minnesota units of government and peace officers, do not restrict the authority of the owner of private property to authorize the towing of a motor vehicle unlawfully parked on private property. Private property owners seeking to have unauthorized vehicles removed from their property must make their own arrangements with a private towing service.
A person who tows and stores a motor vehicle at the request of a law enforcement officer has a lien on the motor vehicle for the value of the storage and towing and the right to retain possession of the motor vehicle until the lien is lawfully discharged. An impounded vehicle is eligible for disposal or sale 15 days after notice to the owner, if the vehicle is determined to be an abandoned vehicle. An unauthorized vehicle impounded by the city of Minneapolis or by the city of St. Paul is eligible for disposal or sale 15 days after notice is sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. If, before the expiration of the 15 day period following notice of taking, the registered owner or lienholder of record delivers to the impound lot operator a written statement of intent to reclaim the vehicle, the vehicle is not eligible for disposal or sale until 45 days after the notice of taking, if the owner or lienholder has not reclaimed. If an unauthorized vehicle is impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded vehicle is eligible for disposal or sale the earlier of 45 days after notice to the owner; or the date of a voluntary written title transfer by the registered owner to the impound lot operator. A voluntary written title transfer constitutes a waiver by the registered owner of any right, title, and interest in the vehicle.
For vehicles impounded by units of government and peace officers, the entity taking the vehicle into custody must give written notice of the impoundment within five days, excluding Saturdays, Sundays, and legal holidays, to the registered vehicle owner and any lienholders. The notice must:
• Set forth the date and place of the intended impoundment.
• Provide the year, make, model, and serial number of the impounded motor vehicle, if the information can be reasonably obtained, and the place where the vehicle is being held.
• Inform the owner and any lien holders of their right to reclaim the vehicle.
• State that failure of the owner or lien holders to:
• Exercise their right to reclaim the vehicle within the time allowed and under the appropriate conditions constitutes a waiver by them of all right, title, and interest in the vehicle and consent to the transfer of title to and disposal or sale of the vehicle.
• Exercise their right to reclaim the contents of the vehicle within the appropriate time allowed and under the appropriate conditions, constitutes a waiver by them of all right, title, and interest in the contents and consent to sell or dispose of that personal property; and
• State that a vehicle owner who provides to the impound lot operator documentation from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge.
The notice must be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. This information must be made available to impound lot operators for notification purposes. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent, a second notice must be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.
The owner or any lienholder of an impounded vehicle has a right to reclaim a vehicle from the unit of government or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 45 days, after the date of the notice. Nothing impairs any lien of a garagekeeper, or the right of a lienholder to foreclose.
Summary of the Factual Data and Analytical Methodologies that the Agency Used in Support of the Proposed Rule and How Any Related Findings Support the Regulatory Approach Chosen for the Proposed Rule:
The proposed permanent rule was drafted with input from individual towing services and the Wisconsin Towing Association, governmental entities and the League of Wisconsin Municipalities, the Wisconsin Housing Alliance, the Apartment Association of South Central Wisconsin, the Tenant Resource Center, and members of the public during the public hearing and comment period for an emergency rule promulgated by the Department in 2014. That emergency rule public hearing and comment period are not considered a public hearing and comment period for this rulemaking.
The design and display of the required notice in the initial emergency rule was largely based on existing design standards for other signs, such as the requirements for handicapped parking signs set forth in Wis. Admin. Code ch. Trans 200, and standards used in other states. The guidelines for tow services to provide notice to law enforcement in the initial emergency rule were based on input from law enforcement. The Department received substantial testimony and comments during the public hearing and comment period for the initial emergency rule. Many of these comments indicated that the fees in the schedule established in the corresponding emergency rule were lower than what towing services normally charged. In this permanent rulemaking, the Department proposes that towing industry ordinary or standard rates be permitted, provided they are reasonable and do not exceed maximum fee limits established in the rule. Many of the persons commenting on the initial emergency rule further indicated that the fee schedule itself did not account for complex tows involving specialized equipment and procedures. This proposed permanent rulemaking therefore includes a provision allowing a towing service to charge for necessary and commercially reasonable towing services beyond common tow services and associated storage.
Analysis Regarding Rule’s Effect on Small Businesses:
There are many towing services throughout the state, and some likely qualify as small businesses under Wis. Stats s. 227.114. This rulemaking does not dictate standard fees that are imposed statewide. Rather, this rule requires a towing service and storage facility to charge ordinary and reasonable charges, not exceeding a limit set in this rule. Because a business’ current ordinary charge will be permitted to be charged, provided it meets community standards for reasonableness, subject only to the limits in this rule, the Department does not believe this rulemaking will have a significant effect upon small business towing services. In addition, there will be some expense to small business private property owners who must post notices in order to tow vehicles without law enforcement involvement under Wis. Stat. s. 349.13(3m). Because the posting requirements of Wis. Stat. s. 349.13(3m), as recreated by 2013 Wis. Act 76, are different than those required under Wis. Stat. s. 346.55 before passage of the act, new signs will be required containing the disclosures mandated by these two statutes. The cost of meeting these statutory requirements is placed upon any person posting property for towing. Agency Contact Person:
Laura Vande Hey
State of Wisconsin Department of Transportation
Division of State Patrol
4802 Sheboygan Avenue Room 551
Madison, Wisconsin 53705
Phone: (608) 267-5136
Place Where Comments Should Be Submitted and Deadline:
Comments may be submitted to the agency contact person listed above until the deadline given in the forthcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at: http://adminrules.wisconsin.gov after the hearing is scheduled. TEXT OF EMERGENCY RULE
CHAPTER TRANS 319
PROCEDURES AND FEES FOR TOWING ILLEGALLY PARKED VEHICLES
Trans 319.01 Purpose and scope. (1) As authorized by s. 349.13 (3m) (e), Stats., the purpose of this chapter is to administratively interpret and implement s. 349.13 (3m), Stats., relating to removal of vehicles on private property that are not authorized to park in that area. (2) This chapter applies to any person involved in the removal of vehicles parked on private property under s. 349.13 (3m), Stats. Note: Pursuant to s. 349.13 (3m) (d) 1., Stats., only a towing service, at the request of the property owner or property owner’s agent, a traffic officer, or a parking enforcer, may remove a vehicle from private property. A towing service is prohibited from removing a vehicle on private property if the vehicle has been reported as stolen to law enforcement, as specified in s. 349.13 (3m) (dr) 1., Stats. Trans 319.02 Definitions. (1) Words and phrases defined in ss. 340.01, 349.13 (3m) (a) and 990.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. However, the definition of a word or phrase in s. 349.13 (3m) (a), Stats., shall apply when the word or phrase is defined in both ss. 349.13 (3m) (a), Stats., and 340.01 or 990.01, Stats. Additionally, the definition of a word or phrase in s. 340.01, Stats., shall apply when the word or phrase is defined in both ss. 340.01 and 990.01, Stats. (2) In this chapter, “law enforcement agency” means a county sheriff or municipal police department.
Trans 319.03 Charges for towing and storage. (1) SCHEDULE. A towing service may charge a vehicle owner ordinary and reasonable charges related to removal and storage of the vehicle, not to exceed the following amounts:
(a) $150 for a vehicle towed using a flatbed, hook and chain, wheel-lift, boom, or any other method.
(b) $30 for each period of 24 consecutive hours that the vehicle is stored at an outdoor storage facility.
(c) $50 for each period of 24 consecutive hours that the vehicle is stored at an indoor storage facility.
(d) $150 for any other necessary and commercially reasonable charges or expenses incurred by the towing service, relating to the removal or storage, or both, of the vehicle.
Note: Pursuant to s. 349.13 (3m) (dr) 2., Stats., a towing service is prohibited from collecting any charges for the removal or storage of an illegally parked vehicle towed under s. 349.13 (3m), Stats., if the towing service has not complied with the requirement under s. 349.13 (3m) (d) 2., Stats, to notify law enforcement prior to removing the vehicle. (2) determination of beginning of storage period. With respect to determining the length of time for a storage period under sub. (1) (b) or (c), the date and time that the towing service provides the notice required under s. Trans 319.05 (3) shall be considered the beginning of the storage period. (3) MUNICIPAL SERVICE FEE. Pursuant to s. 349.13 (3m) (dm), Stats., a towing service shall charge the vehicle owner a service fee not exceeding $35, if collection of the fee has been requested by the municipality in which the removed vehicle was illegally parked. The fee specified under this subsection is in addition to any charges imposed under sub. (1). Note: Pursuant to s. Trans 319.02 (1), the word “municipality” used in sub. (3) has the same meaning given in s. 340.01 (36m), Stats., which defines a municipality as a city, village or town. Trans 319.04 Properly posted notice requirements. (1) DEFINITION. In this section, “sign” means a sign erected on private property to give notice to persons parking vehicles for the purpose of providing notice under s. 349.13 (3m), Stats.
(2) PROPER POSTING. An area that is private property shall be considered properly posted for purposes of s. 349.13 (3m), Stats., if any sign exists on the property in the area required under sub. (4), that provides clearly visible notice in the format required under sub. (3) of all of the following: (a) That the area is private property.
(b) That vehicles that are not authorized to park in that area may be removed.
(3) SIGN DESCRIPTION.
(a) The sign shall be conspicuously colored and legibly marked.
(b) The sign shall contain contrasting letters not less than 2 inches in height indicating that parking of unauthorized vehicles is prohibited and that unauthorized vehicles may be removed. The size requirement under this paragraph applies only to signs erected after the effective date of this rule.
(4) SIGN PLACEMENT. A parking area shall be considered properly posted for purposes of s. 349.13 (3m), Stats., if signs are placed in a manner specified in par. (a) or (b), or both. (a) A sign shall be erected at each vehicular entrance to the parking area or property. Under this paragraph, each erected sign shall be visible from the entrance and be conspicuous to operators of vehicles driving through that entrance.
(b) A sign shall be erected on an adequate support, and shall be visible and conspicuous to persons at the location of the parked vehicle. The vertical distance from the parking area surface, or top of curb if any, to the bottom of a sign shall be not less than 4 feet. The size requirement under this paragraph applies only to signs erected after the effective date of this rule.
(5) ADDITIONAL SIGNS AND NOTICES. Nothing in this section shall be construed to prohibit the erection of signs or notices in addition to those required by sub. (4), which provide notice that an area is private property, vehicles that are not authorized to park in that area may be removed, or for whom parking is permitted, limited, restricted or prohibited. Any signs in addition to those required by sub. (4) shall not be subject to the requirements of subs. (3) to (4).
Trans 319.05 Towing service notification requirements. (1) LAW ENFORCEMENT AGENCIES. With respect to receiving the information specified in sub. (3) from towing services that provide notice to a law enforcement agency of the removal of an unauthorized vehicle parked on private property, pursuant to s. 349.13 (3m), Stats., each law enforcement agency shall establish and designate one or more of the following methods of delivery: (a) By telephone, including voice mail, answering machine or answering service for recording messages received pursuant to sub. (3).
(b) By electronic transmission to an electronic mail address designated for receiving notice from towing services.
(c) By any other electronic means, including computerized or web-based systems generally available, capable of receiving and storing information from towing services related to the removal of vehicles parked on private property.
(2) COMMUNICATION OF Impending Tow to Law Enforcement Agency.
(a) Prior to removing a vehicle from private property pursuant to s. 349.13 (3m), Stats., a towing service shall provide notice of the impending tow to the appropriate law enforcement agency as provided in par. (b) or (c). (b) If the vehicle is located within the boundaries of a city, village or town, the notice given by a towing service shall be provided to the police department for that municipality in the manner designated by that police department. If the municipal police department for the area where the vehicle will be removed fails to designate a method of delivery for notices provided under sub. (1), the notice may be delivered to a non-emergency telephone number with recording capabilities for that police department.
(c) If the city, village or town, in which the vehicle to be removed is located, has no police department, the notice given by a towing service shall be provided to the county sheriff for the area where the vehicle will be removed using the delivery method designated by the sheriff under sub. (1). If the sheriff fails to designate a method of delivery for notices provided under sub. (1), the notice may be delivered to a non-emergency telephone number with recording capabilities for that sheriff’s department.
