Public Safety - Department of State Police - Police-Initiated Towing - Alterations, the official text

WES MOORE, Governor                  Ch. 527

Chapter 527

                   (House Bill 30)

AN ACT concerning

Public Safety – Department of State Police – Police–Initiated Towing –
                                              Alterations

FOR the purpose of altering certain provisions related to the rates the Department of State
         Police sets for towing companies involved in certain police–initiated towing to
         include the towing and recovery of certain light–duty vehicles; altering the duties of
         the Committee on Rate Setting and Complaint Resolution for Police–Initiated
         Towing and Recovery; and generally relating to police–initiated towing of motor
         vehicles.

BY repealing and reenacting, with amendments,
         Article – Public Safety
         Section 2–314 and 2–314.1
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Public Safety

2–314.

(a) (1) In this section the following words have the meanings indicated.

                  (2) “Approved rates” means the maximum rates approved by the
Department that apply to police–initiated towing and recovery services.

                  (3) “Authorized tow company” means a company providing towing and
recovery services at the request of the Department and designated on the tow list.

                  (4) “Heavy–duty towing” means towing and recovery of a vehicle including
trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds.

                (5) “LIGHT–DUTY TOWING” MEANS TOWING AND RECOVERY OF A

VEHICLE INCLUDING TRAILERS OR SEMITRAILERS WITH A GROSS VEHICLE WEIGHT

RATING OF 10,000 POUNDS OR LESS.

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Ch. 527   2026 LAWS OF MARYLAND

                [(5)] (6) “Medium–duty towing” means towing and recovery of a vehicle
including trailers or semitrailers with a gross vehicle weight rating from over 10,000
pounds to 26,000 pounds.

                [(6)] (7) “Per pound billing” means a method of calculating a fee for
towing and recovery services using a formula that considers the weight of the vehicle,
equipment, or cargo that is the subject of the towing and recovery and multiplies the weight
of the vehicle, equipment, or cargo by a monetary amount.

                [(7)] (8) “Police–initiated towing” means the towing or recovery of a
[commercial] motor vehicle which was authorized, requested, or dispatched by the
Department.

                [(8)] (9) “Recovery” means winching, hoisting, up–righting, removing, or
otherwise relocating a vehicle when the vehicle is found in a location, state, or position in
which it cannot be removed from the location, state, or position using only the vehicle’s own
power, even if it were in complete operating condition.

                [(9)] (10) “Tow list” means the list of towing businesses authorized by the
Department to perform police–initiated towing services of disabled or abandoned
commercial vehicles within the Department’s jurisdiction.

          [(10)] (11) “Towing” means using another vehicle to move or remove a

vehicle.

(b) The Department shall:

                  (1) establish and maintain a tow list, by county, of qualifying tow
companies for use by the Department in carrying out the duties of this subtitle; and

          (2) make the tow list available to the public on request.

         (c) The Department may adopt regulations to establish standards for tow
companies, including application procedures and minimum qualification requirements, and
must include on the list all qualifying tow companies.

(d) The Department shall:

                  (1) require a tow company that is on the tow list to ban the use of per pound
billing by October 1, 2023;

                (2) establish the approved rates for LIGHT–, medium–, and heavy–duty
towing and recovery that may be charged by a tow company on the tow list by January 1,
2024, BASED ON RECOMMENDATIONS MADE BY THE COMMITTEE ON RATE SETTING

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           WES MOORE, Governor  Ch. 527

AND COMPLAINT RESOLUTION FOR POLICE–INITIATED TOWING AND RECOVERY
ESTABLISHED UNDER § 2–314.1 OF THIS SUBTITLE; and

                  (3) develop a process to receive, investigate, and adjudicate complaints
from a vehicle owner or operator or the owner’s designee against an authorized tow
company regarding the police–initiated towing of a commercial motor vehicle, including a
process to suspend or remove an authorized tow company from the tow list.

        (e) (1) An authorized tow company may charge less than but may not charge
more than the approved rates authorized by the Department for a police–initiated towing
and recovery.

                (2) THE APPROVED RATES FOR LIGHT–DUTY TOWING AND RECOVERY
MAY NOT EXCEED A PERCENTAGE OF THE 80% OF THE MAXIMUM APPROVED RATES
FOR MEDIUM–DUTY TOWING AND RECOVERY CHARGED BY A TOW COMPANY.

         (f) If a vehicle owner or the owner’s designee requests the use of a specific towing
company, the Department shall honor that request and allow the vehicle owner to engage
the services of the requested towing company except when:

                  (1) the requested towing company cannot arrive at the location of the
vehicle within a reasonable time period;

                  (2) a traffic safety problem exists and the requested towing company
cannot arrive at the location within 30 minutes of a police employee’s arrival at the location
of the vehicle; or

                  (3) the vehicle is disabled in the roadway as a result of a collision or vehicle
fire and the requested towing company cannot arrive within 30 minutes of a police
employee’s arrival at the location of the vehicle.

2–314.1.

(a) (1) In this section the following words have the meanings indicated.

           (2) “Approved rates” has the meaning stated in § 2–314 of this subtitle.

                  (3) “Committee” means the Committee on Rate Setting and Complaint
Resolution for Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery.

           (4) “Police–initiated towing” has the meaning stated in § 2–314 of this

subtitle.

           (5) “Recovery” has the meaning stated in § 2–314 of this subtitle.

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Ch. 527  2026 LAWS OF MARYLAND

         (b) There is a Committee on Rate Setting and Complaint Resolution for
Police–Initiated Medium–Duty and Heavy–Duty Towing and Recovery.

         (c) The Committee consists of the following members:

                  (1) two representatives of the Towing and Recovery Professionals of
Maryland, appointed by the President of the Towing and Recovery Professionals of
Maryland;

                  (2) a representative of the Maryland Motor Truck Association, appointed
by the President of the Maryland Motor Truck Association;

                  (3) a representative of the Owner–Operator Independent Drivers
Association, appointed by the President of the Owner–Operator Independent Drivers
Association;

                  (4) a representative of the Maryland Transportation Authority Police,
appointed by the Secretary of Transportation;

                  (5) a representative of the State Highway Administration, appointed by the
Administrator of the State Highway Administration; and

                  (6) a representative of the Maryland Insurance Administration, appointed
by the Insurance Commissioner.

         (d) (1) A member of the Committee shall be appointed for a 3–year term.

                  (2) A member of the Committee may be reappointed at the end of the
member’s term.

         (e) The Department shall provide staff support for the Committee.

         (f) A member of the Committee:

                  (1) may not receive compensation as a member of the Committee; but

                  (2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.

         (g) The Committee shall:

                  (1) on or before December 1, 2023, recommend approved rates FOR
LIGHT–DUTY, MEDIUM–DUTY, AND HEAVY–DUTY TOWING AND RECOVERY to the
Department that should be charged for police–initiated towing and recovery services;

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     WES MOORE, Governor                 Ch. 527

                  (2) meet at least once every 3 years to review and consider modification of
the approved rates;

                  (3) request information and comments from other parties of interest to
assist with its work;

                  (4) recommend to the Department a process for resolving towing
complaints; and

     (5) EXAMINE AND REPORT ON INSURANCE MATTERS RELATED TO:

     (I) VEHICLES REGISTERED AND INSURED OUTSIDE THE STATE;

AND

     (II) THE COST AND CLEANUP OF CARGO AND DEBRIS; AND

                (6) make any additional recommendations to the Department that the
Committee considers appropriate.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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