CHAPTER 173

FORMERLY

SENATE BILL NO. 300

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 69, TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PUBLIC HIGHWAYS BY POLICE OR BY OTHERS UPON POLICE DIRECTION.

WHEREAS, the General Assembly finds that a significant safety problem arises when motor vehicles are disabled, abandoned, and otherwise left on the highways of this State; and

WHEREAS, the General Assembly finds that police officers need to be able to call upon towing operators to provide prompt and reliable removal of such vehicles at all hours and under a variety of circumstances; and

WHEREAS, the General Assembly finds that the peace, public order, and safety of this State are best served by providing for an orderly method of towing operator selection; and

WHEREAS, the General Assembly finds that the interest of the State in such orderly selection is superior to the State's interest in maintaining competition for towing services.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6901, Chapter 69, Title 21 of the Delaware Code by designating the existing paragraph of such section as subsection (a) and by adding to such section the following new subsections to read as follows:

"(b) In effecting the removal and subsequent storage of such vehicles, a State police officer may select and engage the services, vehicles, equipment or facilities of another person, hereinafter called the 'tower', who shall be compensated at the expense of the owner or operator. Such selection shall be made pursuant to the regulations promulgated under subsection (c).

(c) The Department of Public Safety shall promulgate regulations governing the selection of towers by State police officers. Such regulations shall prescribe qualifications for eligibility of towers to be selected by police officers under this Section, shall describe the method to be used by police officers in selecting from eligible towers, and may make such other provisions as the Department deems fit; provided, however, that there shall be no prohibitions against the owner of a vehicle from choosing the tower of his or her choice if no emergency exists. All eligible towers shall file with the Superintendent of the Delaware State Police a schedule of towing charges of such towers and other incidental charges Of such tower customarily incurred in connection with the towing and storage of vehicles under the provisions of the section."

Approved July 14, 1981.