Birmingham towing regulations

From Bhamwiki
(Redirected from Birmingham Towing Ordinance)
Jump to navigation Jump to search

Birmingham towing regulations are the provisions in the General Code of the City of Birmingham, 1980, collected under Title 12 "Licensing and Regulation", Chapters 17 ("Wrecker Service") and 19 ("Vehicle Immobilization Service")

The justification for such regulations derive from the city's authority to protect the health, safety and welfare of the public, as clarified in the U.S. Supreme Court's 2002 decision in Our Garage & Wrecker Serv. v. City of Columbus.

The city first required the licensing and regulation of vehicle immobilization (car booting) and towing in 2004, requiring clear and adequate notice of such penalties for enforcement of parking restrictions on private lots operating as public parking. The ordinance applied numerous requirements on businesses providing such services, including installation of signage, separate licenses for each lot served, extensive record-keeping, equipment maintenance, insurance requirements, workers' appearance, 24-hour service, and . It also barred practices deemed "predatory" such as immobilizing vehicles on public rights-of-way, entering into financial arrangements with lot owners other than direct services, paying for tips about illegally parked vehicles, requesting or demanding fees not expressly permitted, towing cars when the owner is present or using towing as a threat in cases of disputed fees, or requiring vehicle owners to sign damage waivers. That ordinance limited to fees charges for removing boots to $65 and for reclaiming towed automobiles to $160, a significant reduction in the fees then routinely charged of up to $280 for towed cars.

In 2023 the Birmingham Department of Transportation erected its own signs near a few private lots in the downtown area, providing additional warnings to the public. The City Council held a public hearing at Boutwell Auditorium on June 7 to address increasing complaints about towing. The proposed revisions to the ordinance included higher licensing fees, additional insurance and reporting requirements, a stipulation that services be provided in a "courteous and professional manner", and by persons not under the influence of alcohol or controlled substances. The type and wording of signage was modified and expanded for clarity. A section was added requiring that mobile or web apps used to pay for parking must warn users that errors in entering license plate numbers could result in towing and warn if parking lots are closed to the public during certain hours. It added a conditional restriction on towing cars parked for less than 15 minutes, or when the owner is in the process of making payment, and provided recourse for disputes about the payment of fees. The amendments to the ordinance were passed on September 12.

References

External links

Retrieved from "http://bhamwiki.com/w/index.php?title=Birmingham_towing_regulations&oldid=217484"