(A) If a motor vehicle accident occurs on any highway, public street or other property open to the public for purposes of vehicular travel and if any motor vehicle, cargo or personal property that has been damaged or spilled as a result of the motor vehicle accident is blocking the highway, street or other property or is otherwise endangering public safety, a public safety official may do either of the following without the consent of the owner, but with the approval of the law enforcement agency conducting any investigation of the accident:
(1) Remove, or order the removal of, the motor vehicle if the motor vehicle is unoccupied, cargo or personal property from the portion of the highway, public street or property ordinarily used for vehicular travel on the highway, public street or other property open to the public for purposes of vehicular travel;
(2) If the motor vehicle is a commercial motor vehicle, allow the owner or operator of the vehicle the opportunity to arrange for the removal of the motor vehicle within a period of time specified by the public safety official. If the public safety official determines that the motor vehicle cannot be removed within the specified period of time, the public safety official shall remove or order the removal of the motor vehicle.
(B) (1) Except as provided in division (B)(2) above, the Department of Transportation, any employee of the Department of Transportation or a public safety official who authorizes or participates in the removal of any unoccupied motor vehicle, cargo or personal property as authorized by division (A) above, regardless of whether the removal is executed by a private towing service, is not liable for civil damages for any injury, death or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo or personal property. Further, except as provided in division (B)(2) below, if a public safety official authorizes, employs or arranges to have a private towing service remove any unoccupied motor vehicle, cargo or personal property as authorized by division (A) above, that private towing service is not liable for civil damages for any injury, death or loss to person or property that results from the removal of that unoccupied motor vehicle, cargo or personal property.
(2) Division (B)(1) above does not apply to any of the following:
(a) Any person or entity involved in the removal of an unoccupied motor vehicle, cargo or personal property pursuant to division (A) above if that removal causes or contributes to the release of a hazardous material or to structural damage to the roadway;
(b) A private towing service that was not authorized, employed or arranged by a public safety official to remove an unoccupied motor vehicle, cargo or personal property under this section;
(c) Except as provided in division (B)(2)(d) below, a private towing service that was authorized, employed or arranged by a public safety official to perform the removal of the unoccupied motor vehicle, cargo or personal property but the private towing service performed the removal in a negligent manner; or
(d) A private towing service that was authorized, employed or arranged by a public safety official to perform the removal of the unoccupied motor vehicle, cargo or personal property that was endangering public safety, but the private towing service performed the removal in a reckless manner.
(C) For the purpose of divisions (A) and (B) above, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS MATERIAL. Has the same meaning as in Ohio R.C. 2305.232.
PUBLIC SAFETY OFFICIAL. Any of the following:
(a) The sheriff of the county, or the chief of a law enforcement agency in the municipal corporation, township, port authority, conservancy district, or township or joint police district, in which the accident occurred;
(b) A state highway patrol trooper;
(c) The chief of the fire department having jurisdiction where the accident occurred; and
(d) A duly authorized subordinate acting on behalf of an official specified in divisions (a) to (c) of this definition.
(ORC 4513.66)
(D) If a towing service is removing a motor vehicle, and the removal was not authorized under Ohio R.C. 4513.60, 4513.601, 4513.61, or 4513.66, or any substantially equivalent municipal ordinance, prior to removing the motor vehicle, the towing service shall provide a written estimate of the price for the removal to the operator of the motor vehicle, if requested.
(E) The towing service shall ensure that any estimate provided under division (D) above includes the fees, services to be rendered and destination of the vehicle.
(F) If a towing service fails to provide a written estimate as required by this section, the towing service shall not charge fees for the towing and storage of the motor vehicle that exceed 25% of any applicable fees established by the Public Utilities Commission in rules adopted under Ohio R.C. 4921.25(B)(4) or, if the vehicle was towed within a municipal corporation that has established vehicle removal and storage fees, 25% of the fees established by the municipal corporation.
(G) Any storage facility that accepts towed vehicles shall conspicuously post a notice at the entrance to the storage facility that states the limitation on fees established under division (F) above.
(ORC 4513.68)