Sec.14-63-36b. Definitions

In sections 14-63-36b and 14-63-36c, the following words shall have the following meanings:

(1) "G.V.W.R." means the gross vehicle weight rating.

(2) "Tow charge" means the maximum amount determined by the commissioner that a licensed wrecker service may charge the owner or operator of a motor vehicle, or a property owner or lessee, for nonconsensual towing or transporting of a motor vehicle having a G.V.W.R. less than ten thousand (10,000) pounds. Except as otherwise specifically provided, the tow charge shall include:

(A) Nonconsensual towing or transporting of a motor vehicle for a maximum of two (2) miles. Additional mileage may be charged at the mileage fee provided in subdivision (6) of this section;

(B) Up to fifteen (15) minutes waiting time at the site of the nonconsensual towing or transporting. Additional waiting time may be charged as provided in subdivision (8) of this section;

(C) All services necessary to clean up the site of the nonconsensual towing or transporting as hereinafter defined in subdivision (3) of this section;

(D) All services necessary to prepare the vehicle for the nonconsensual towing or transporting as hereinafter defined in subdivision (7) of this section;

(E) All services necessary for the removal, installation or reinstallation of any movables, including loose or separated vehicle parts, required to perform the nonconsensual towing or transporting;

(F) All services necessary for the cleaning of any equipment used to perform the nonconsensual towing or transporting; and

(G) Release of the vehicle to the owner or person otherwise entitled to possession of the vehicle upon presentation of appropriate credentials.

(3) "Clean up" means the services and time reasonably necessary to restore the site of the nonconsensual towing or transporting to its original condition, or restoration of the site as directed by order of a police official.

(4) "Exceptional services" means the use of special equipment such as cutting torches, air compressors and other equipment not generally required for nonconsensual towing or transporting services, at the scene of an accident.

(5) "Hourly rate" means the maximum hourly rate determined by the commissioner that may be charged for the nonconsensual towing or transporting and recovery of a motor vehicle with a G.V.W.R. of ten thousand (10,000) pounds or more. Such rate shall not include exceptional services provided by one or more licensed wrecker services.

(6) "Mileage fee" means the charge per loaded mile in excess of two (2) miles, determined by the commissioner, permitted in addition to the tow charge, for the nonconsensual towing or transporting of a motor vehicle. Where an hourly rate is charged, for a G.V.W.R. of ten thousand (10,000) pounds or more, a mileage fee shall not be permitted.

(7) "Preparation for tow" means all services necessary to prepare a motor vehicle for nonconsensual towing or transporting including but not limited to unlocking a vehicle, releasing the brakes, disengaging a transmission and unlocking the steering wheel, but shall not include winching, uprighting an overturned motor vehicle or a similar function, securing cargo, or waiting time beyond fifteen (15) minutes. If an hourly rate is used instead of a tow charge, preparation for tow shall include vehicle recovery as defined in subdivision (8) of this section.

(8) "Recovery" means winching and other similar functions, performed by a licensed wrecker and necessary to return a motor vehicle to a position where the nonconsensual towing or transporting may be initiated.

(9) "Waiting time" means any time spent at the site by a wrecker or transporter summoned to the site, where the wrecker service is prevented from accomplishing any portion of the nonconsensual towing or transporting procedure by order of police or other legal authority. Waiting time beyond the first fifteen (15) minutes shall be invoiced in increments of fifteen (15) minutes, and based on an hourly rate.

(10) "Extra person" means the use of an additional person where necessary to perform a nonconsensual tow or transport, except that there shall be no charge for an extra person where the nonconsensual towing or transporting results from the unauthorized presence of a vehicle on private property, or where the vehicle is removed by order of the traffic authority of any city, town or borough as provided in section 14-307 of the general statutes, or where the vehicle is mechanically disabled from a cause other than an accident.

(Effective September 30, 1998)