Towing or storage companies must charge PSC-set fees for gate fees, may charge PSC-set retrieval fees only outside normal business hours, and may not charge retrieval fees during normal business hours.
§1734. Gate fees; other fees; excessive charges; prohibitions; cause of action A. A towing or storage company that assesses gate fees shall assess a fixed fee in an amount determined by the Public Service Commission. B. If the towing or storage company charges a gate fee in excess of the amount fixed by the Public Service Commission, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of court. C. For the purposes of this Section, a "gate fee" shall mean a charge assessed by a towing or storage company for releasing a towed vehicle before or after normal business hours. D. No towing or storage company shall charge a fee for the retrieval of contents from a stored or towed vehicle during normal business hours. However, a towing or storage company may charge a fee in an amount determined by the Public Service Commission for the retrieval of contents from a stored or towed vehicle at a time other than during normal business hours. If the towing or storage company charges a fee in violation of this Subsection, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees and all costs of court. E. For purposes of this Section, "normal business hours" of any towing or storage company shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays. F. The administrative and mailing fees for filing the Official Report of Stored Vehicles for in-state and out-of-state notifications shall be determined by the Public Service Commission. Acts 1999, No. 532, §1; Acts 2001, No. 856, §1; Acts 2010, No. 837, §1; Acts 2021, No. 206, §1, eff. June 11, 2021.