Sec. 14-66. Wreckers. Towing and transporting. Distinguishing number plates.
Sec. 14-66. Wreckers. Towing and transporting. Distinguishing number
plates. (a)(1) No person, firm or corporation shall engage in the business of operating
a wrecker for the purpose of towing or transporting for compensation motor vehicles
which are disabled, inoperative or wrecked or are being removed in accordance with
the provisions of section 14-145, 14-150 or 14-307, unless such person, firm or corporation is a motor vehicle dealer or repairer licensed under the provisions of subpart (D)
of this part. (2) The commissioner shall establish and publish a schedule of uniform
rates and charges for the nonconsensual towing and transporting of motor vehicles and
for the storage of motor vehicles which shall be just and reasonable. Upon petition of
any person, firm or corporation licensed in accordance with the provisions of this section,
but not more frequently than once every two years, the commissioner shall reconsider
the established rates and charges and shall amend such rates and charges if the commissioner, after consideration of the factors stated in this subdivision, determines that such
rates and charges are no longer just and reasonable. In establishing and amending such
rates and charges, the commissioner may consider factors, including, but not limited
to, the Consumer Price Index, rates set by other jurisdictions, charges for towing and
transporting services provided pursuant to a contract with an automobile club or automobile association licensed under the provisions of section 14-67 and rates published in
standard service manuals. The commissioner shall hold a public hearing for the purpose
of obtaining additional information concerning such rates and charges. (3) With respect
to the nonconsensual towing or transporting and the storage of motor vehicles, no such
person, firm or corporation shall charge more than the rates and charges published by
the commissioner. Any person aggrieved by any action of the commissioner under the
provisions of this section may take an appeal therefrom in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain.
(b) The commissioner, by himself or an inspector authorized by such commissioner,
shall examine each wrecker, its number, equipment and identification, and ascertain the
mechanical condition of such wrecker and ascertain whether or not it is properly
equipped to do the work intended. Such wrecker shall be deemed properly equipped if
it has installed thereon two flashing yellow lights so mounted on the vehicle as to show
in all directions at all times and which shall indicate the full width of said vehicle. Such
lights shall be mounted not less than eight feet above the road surface and as near the
back of the cab of such vehicle as practicable. Such lights shall be in operation whenever
a disabled vehicle is being towed by such wrecker and when such wrecker is at the scene
of an accident or location of a disabled motor vehicle. In addition thereto each wrecker
shall be equipped with a spot light so mounted that the beam of light can be shown in
all directions. The hoisting equipment of each wrecker shall be of sufficient capacity
to perform the service intended and shall be securely mounted to the frame of such
vehicle. A fire extinguisher shall be carried at all times on each wrecker which shall be
in proper working condition, mounted in a permanent bracket on each wrecker and have
a minimum rating of eight bc. A set of three flares in operating condition shall be carried
at all times on each wrecker and shall be used between the periods of one-half hour after
sunset and one-half hour before sunrise when the wrecker is parked on a highway while
making emergency repairs or preparing to pick up a disabled vehicle to remove it from
a highway or adjoining property. No registrant or operator of any wrecker shall offer
to give any gratuities or inducements of any kind to any police officer or other person
in order to obtain towing business or recommendations for towing or storage of, or
estimating repairs to, disabled vehicles. No licensee shall require the owner to sign a
contract for the repair of his damaged vehicle as part of the towing consideration or to
sign an order for the repair of, or authorization for estimate until the tow job has been
completed. No licensee shall tow a vehicle in such a negligent manner as to cause further
damage to the vehicle being towed.
(c) Each wrecker used for towing or transporting disabled or wrecked motor vehicles for compensation shall be registered as a wrecker by the commissioner for a fee of
one hundred twenty-five dollars. Each such registration shall be renewed biennially
according to renewal schedules established by the commissioner so as to effect staggered
renewal of all such registrations. If the adoption of a staggered system results in the
expiration of any registration more or less than two years from its issuance, the commissioner may charge a prorated amount for such registration fee.
(d) An owner of a wrecker may apply to the commissioner for a general distinguishing number and number plate for the purpose of displaying such number plate on a
motor vehicle temporarily in the custody of such owner and being towed or transported
by such owner. The commissioner shall issue such number and number plate to an owner
of a wrecker (1) who has complied with the requirements of this section, and (2) whose
wrecker is equipped in accordance with subsection (b) of this section. The commissioner
shall charge a fee to cover the cost of issuance and renewal of such number plates.
(e) With respect to the nonconsensual towing or transporting of a motor vehicle, no
licensee may tow or transport a vehicle to the premises of any person, firm or corporation
engaged in the storage of vehicles for compensation unless such person, firm or corporation adheres to the storage charges published by the commissioner.
(f) The provisions of this section shall not apply to any person, firm or corporation,
licensed as a motor vehicle dealer under the provisions of subpart (D) of this part, towing
or transporting a motor vehicle for salvage purposes, provided such person, firm or
corporation does not offer direct towing or wrecker service to the public.
(g) For the purposes of this section, "nonconsensual towing or transporting" means
the towing or transporting of a motor vehicle in accordance with the provisions of section
14-145 or for which arrangements are made by order of a law enforcement officer or
traffic authority, as defined in section 14-297.
(1953, S. 1314d; 1961, P.A. 581, S. 15; 1967, P.A. 454, S. 2; 1969, P.A. 759, S. 11; 1971, P.A. 473; P.A. 75-213, S.
12, 53; P.A. 76-436, S. 342, 681; P.A. 77-603, S. 32, 125; P.A. 78-280, S. 5, 127; P.A. 79-15, S. 1, 3; 79-228; P.A. 80-144, S. 1, 2; 80-383; P.A. 84-254, S. 40, 62; 84-359, S. 2; 84-391, S. 6, 8; P.A. 85-223, S. 1; 85-265; P.A. 87-329, S. 14;
P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 97-236, S. 11, 27; P.A. 99-215, S. 24, 29; 99-268, S. 10; P.A. 00-169, S. 22; June 30 Sp. Sess. P.A. 03-4, S. 34; P.A. 05-218, S. 23; P.A. 07-167, S. 21.)
History: 1961 act increased registration fee in Subsec. (c); 1967 act included wreckers "transporting" vehicles as well
as wreckers "towing" vehicles and replaced general reference requiring wreckers to be equipped as per regulations of
commissioner with specific requirements re equipment; 1969 act increased registration fee in Subsec. (c) from $4 to $20;
1971 act required filing storage charges as well as others with commissioner and specified that commissioner to be guided
by charges in standard service manual when making determination re charges for towing or transporting vehicles; P.A.
75-213 increased registration fee in Subsec. (c) to $26; P.A. 76-436 replaced court of common pleas with superior court
in Subsec. (a), effective July 1, 1978; P.A. 77-603 made appeals in accordance with Sec. 4-183 except that venue to be in
Hartford county; P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; P.A. 79-15 required
flashing yellow, rather than red, lights as part of equipment; P.A. 79-228 added Subsec. (d) re limitation on provisions of
section; P.A. 80-144 included reference to inoperative vehicles and those "being removed in accordance with the provisions
of section 14-145"; P.A. 80-383 amended Subsec. (d) to require registration of wrecker used in salvage operations as
commercial motor vehicle; P.A. 84-254 amended Subsec. (c) to increase periodically the fee from $26 to $52 as of July
1, 1992; P.A. 84-359 amended Subsec. (d), deleting the requirement that wreckers used for salvage purposes be registered
as commercial motor vehicles; P.A. 84-391 amended Subsec. (c), providing for the staggered renewal of wrecker registrations and deleting expiration date of last day in February; P.A. 85-223 amended Subsec. (c) by requiring each wrecker
used for towing or transporting disabled or wrecked motor vehicles for compensation to be registered as a wrecker; P.A.
85-265 inserted new Subsec. (d) prohibiting wrecker operators from towing vehicles to storage premises unless a schedule
of storage charges has been filed and filed charges are adhered to and relettered former Subsec. (d) as (e); P.A. 87-329
amended Subsec. (c), maintaining the annual fee at the level existing on and after July 1, 1986, and decreasing the fee
effective July 1, 1992, to the level formerly existing on and after July 1, 1988; P.A. 88-230 replaced "judicial district of
Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective
date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of
P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-236 divided Subsec. (a) into
three Subdivs., adding in Subdiv. (1) references to Secs. 14-150 and 14-307, eliminating requirement that wrecker operators
file schedule of rates and charges with commissioner and eliminating authority of commissioner to disapprove filing of
rates and charges if they are not just and reasonable, inserting in Subdiv. (2) new language requiring commissioner to
establish and publish schedule of uniform rates and charges for nonconsensual towing and transporting of motor vehicles
and for storage thereof, authorizing commissioner to amend such schedule, allowing commissioner to consider various
factors in establishing and amending rates and charges and requiring commissioner to hold a public hearing for purpose
of obtaining additional information re rates and charges and restating the language in Subdiv. (3) for consistency with
provisions of Subdivs. (1) and (2) of this Subsec., amended Subsec. (b) to make technical changes, amended Subsec. (c)
to substitute biennial for annual renewal of registration, to increase registration fee from $46 to $92 and to make technical
changes for consistency, amended Subsec. (d) to restate language for consistency with provisions of Subsec. (a), and added
Subsec. (f) to define term "nonconsensual towing or transporting", effective July 1, 1997; P.A. 99-215 replaced "judicial
district of Hartford" with "judicial district of New Britain in Subsec. (a), effective June 29, 1999; P.A. 99-268 inserted
new provisions re issuance of distinguishing number and number plate as Subsec. (d), redesignating former Subsecs. (d)
to (f), inclusive, as (e) to (g), and made a technical change in Subsec. (b) re gender neutrality; P.A. 00-169 revised effective
date of P.A. 99-268 but without affecting this section; (Revisor's note: In 2003 the references in Subsecs. (a) and (f) to
"subdivision (D)" were changed editorially by the Revisors to "subpart (D)" for clarity of reference); June 30 Sp. Sess.
P.A. 03-4 amended Subsec. (c) to increase fee for registration of wrecker used for towing or transporting disabled or
wrecked motor vehicles for compensation from $92 to $125, effective January 1, 2004; P.A. 05-218 amended Subsec.
(a)(2) by eliminating provision authorizing commissioner to amend schedule, rates and charges from time to time and
adding provision that upon petition of person licensed under section, but not more frequently than once every two years,
commissioner shall reconsider established rates and charges and amend same if rates and charges are determined to be no
longer just and reasonable, effective July 6, 2005; P.A. 07-167 amended Subsec. (a)(2) by adding provision re consideration
of the Consumer Price Index.
Cited. 148 C. 456. Section constitutional as an exercise of the state's police power. 167 C. 304. Cited. 176 C. 11.
Subsec. (a):
Suspension of plaintiff's wrecker registration and plates during period of suspension of its repairer's license upheld.
167 C. 304. Classification challenged held constitutional under equal protection guarantees as preserving and promoting
public welfare. 176 C. 11.