Action | General Regulations For Towing and Recovery Operators |
Stage | Proposed |
Comment Period | Ended on 3/21/2008 |
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Since 2002, by action of the Va. General Assembly, the Department of Motor Vehicles - Motor Cariers Services, has been responsible for regulating the towing industry. If you file for "Intrastate Operating Authority" each year, as required by the DMV, you will find a long list of requirements that must be met and the penalties for violation printed on the back of the application form. With a penalty as high as a "Class 5 felony", violations can be serious. Consumers have the right to file a complaint with the DMV when abused by tow companies. DMV has sworn law-enforcement officers with the ability and legal powers to investigate violations. DMV has the authority to conduct hearings and render a verdict when a complaint is examined.
What will the Board of Towing and Recovery Operators do to (1) ensure that it does not penalyze a company at the same time the DMV is doing so? (2) how will BTRO and DMV divide responsibilities? (3) since DMV already has the authority to issue an "Intrastate Operating Authority", how will BTRO enforce its licensing since the law has already given that authority to DMV and has made it clear that the "Intrastate Operating Authority" is the only license that a tow company must obtain from the state. (4) how will BTRO and DMV ensure that a tow company or owner are not held liable twice for the same offence, once by BTRO and the second time by DMV, (5) how will conflicts between the laws for DMV and the laws of BTRO be resolved? (6) how will conflicts between the regulations by DMV and the regulations of BTRO be resolved?
If a tow company already has all the operating authority legally required by obtaining "Intrastate Operating Authority", how will BTRO legally excercise its authority?