§ 11-16-205. Rates, charges, and payment.
   (a)   Fees. Each licensed towing company shall adhere to the schedule of fees approved by the Department. Maximum fees for nonconsensual towing may be up to two times the approved fee for police-initiated towing.
   (b)   Storage fee restrictions. A company that performs police-initiated tows may not charge a storage fee for the calendar day of the tow. A company that performs nonconsensual towing may not charge a storage fee for a calendar day in which the vehicle was not located at the storage facility.
   (c)   Required forms of payment. In addition to accepting cash payments, a towing company engaged in nonconsensual towing and storage facility must provide evidence to the Department confirming acceptance of at least two nationally recognized major credit cards or provide an operable automated teller machine on the premises to obtain cash for payment of all towing, recovery and storage charges. In the event a towing company or storage facility engaging in nonconsensual towing is unable to process a vehicle owner's credit card or accepts only cash payment and there is no operable automatic teller machine (ATM) on the premises, a vehicle owner may pay for the towing fees necessary to retrieve his vehicle by a personal check. A towing company or storage facility engaging in nonconsensual towing may refuse to accept a personal check in the event a vehicle owner's credit card is declined by the credit card issuing company.
   (d)   Receipt required. A towing company shall issue a receipt in exchange for payment of towing fees.
   (e)   Damage waivers. A towing company may not require a person to sign a damage waiver as a condition of vehicle release.
(Bill No. 18-09; Bill No. 52-13; Bill No. 83-19)