Ohio Governor Signs Legislation with Changes to Ohio Police Towing

Source: Association of Professional Towers – Ohio (APTO) press release

On Wednesday July 24^th, Governor Mike DeWine signed Senate Bill 94, legislation that included several changes to Ohio police towing statutes.  It will take effect October 21, 2024.

The bill makes several important updates, including:

• Expands the law enforcement entities that may order the towing of a motor vehicle to include university campus police departments, park district police forces, and natural resources officers and wildlife officers of the Department of Natural Resources.
• It also grants a university campus police department, a park district police force, and ODNR the authority to dispose of an unclaimed towed motor vehicle or an abandoned junk motor vehicle, similar to current statute for all police departments. *Current title sections we also updated to ensure Ohio Towing and Recovery Companies could also access titles (in the same manner currently available) to these vehicles, in the event the law enforcement entities do not dispose of the vehicles.  The language also requires towers to be paid if the law enforcement entity ultimately disposes of the vehicle.
• The bill also clarifies that after an authorized law enforcement agency orders the towing and storage of a motor vehicle, the sheriff or chief of police (or ODNR) must send notice of the tow to both the owner and any lienholder of the vehicle. The existing statute is unclear if the notice had to be sent to either the owner or lienholder (just one) or to both.

APTO supported these changes but added a significant amendment to the legislation to recognize that vehicle owner/lienholders are responsible to pay any expenses and charges incurred for vehicles ordered into storage by all law enforcement entities. For a long time, Ohio Towing and Recovery Companies have been saddled without payment for abandoned vehicles.  This was due, in part, to current Revised Code language stating that a vehicle owner or lienholder “may reclaim the motor vehicle upon payment of any expenses or charges incurred in its removal and storage….” This language was insufficient to protect the industry for payment because it only addressed payment if a vehicle was reclaimed – resulting in thousands of vehicles being abandoned without payment.

We are very happy to report that SB 94 also contains language emphasizing that the owner/ lienholder of a motor vehicle that is towed by order of law enforcement is responsible for any expenses and charges that are incurred in the vehicle’s towing and storage. The new language in Ohio Revised Code 4513.61 (C)(2) now reads (new language in bold and underlined):
The owner or lienholder of the motor vehicle is responsible for payment of any expenses or charges incurred in its removal and storage and may reclaim the motor vehicle upon payment of any those expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title or memorandum certificate of title to the motor vehicle, a certificate of registration for the motor vehicle, or a lease agreement….

Responsibility for payment language has been a long-term goal of APTO for nearly a decade and we are proud to have accomplished SB 94 to keep addressing the issue of non-payment to the industry.  We want to recognize State Representative Brett Hillyer for his tremendous effort and tireless work to help the Ohio towing and recovery industry, and State Senators Andy Brenner and Al Landis for recognizing our problem and working very quickly to assist the industry as sponsors of SB 94.

All of this new language will take effect October 21st, 2024. We will continue the fight for the industry to be paid fairly for our services and will alert the industry when the bill officially takes effect.