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.
(3) NOTICE. A towing service that gives notice pursuant to sub. (2), shall provide the following information to the law enforcement agency that is responsible for receiving the information under sub. (2):
(a) The name and telephone number of the towing service.
(b) The make and model of the vehicle being removed.
(c) The license plate number and vehicle identification number of the vehicle being removed, unless license plates are not attached to the vehicle and the vehicle identification number is not visible through the vehicle window adjacent to the left windshield pillar.
Note: 49 CFR s. 565.13, requires that vehicle identification numbers (VIN) be affixed to passenger cars, multi-purpose passenger vehicles, low-speed vehicles and trucks of 4,536 Kg or less (10,000 lbs.) adjacent to the left windshield pillar. The vehicle manufacturer is required to make the VIN visible; however, it may be obstructed by materials within the vehicle. If no license plates are attached to the vehicle and the VIN can be seen without opening the vehicle, the towing service should provide the VIN of the vehicle in accordance with s. 349.13 (3m) (d) 2., Stats. (d) The location from which the vehicle will be removed.
(e) The address of the location to which the vehicle will be removed and, if that location is not operated by the towing service removing the vehicle, the name of the operator at the location.
(f) A phone number of the location identified in par. (e).
(4) Law Enforcement Records. Each law enforcement agency receiving notice under this section shall maintain a record of the information received under sub. (3) and a record of the date and time that the notice was given. The records shall be maintained for at least 60 days after the date of notice was given. The law enforcement agency shall identify the towing service and the date and time it received the towing notice to a records requester upon request.
SECTION 2. INITIAL APPLICABILITY. This rule first applies to vehicles that are parked on private property without authorization on the effective date of this rule.
SECTION 3. EFFECTIVE DATE. This rule takes effect on Friday January 22, 2016, and shall remain in effect until the effective date of Clearinghouse Rule 15-044 (creating ch. Trans 319, Wis. Adm. Code, Related to: Towing of Vehicles and affecting small businesses) or June 20, 2016, whichever occurs first. (END OF RULE TEXT)
Signed this 11th day of January 2016.
