QuestionIn Massachusetts, are towing companies allowed to tow a car from an Apt. complex to a different town? Is the storage fee of $20 per 24 hours or any part of a day (I.E. towed at 11PM Sat. and Picked up 1AM Sunday is considered 2 days) Is there a max fee of $90. And are they allowed to tow from a guest parking spot if the car had a parking sticker, long story short it was the only spot available. And there were no notice that it was a tow zone. Only warning was that guests parking in residence spots will be towed.
Thanks in advance.
AnswerI did a search and found a few things, but from what I understand the rates charged by towers are regulated by the state... I did find a few laws (which I trust you found online also) and they do spell out some basics.. They have a few answers in them.. But again they also specify that the state regulates them...
That would be where to complain to regarding overcharges and such... Here is what I found to answer some of the questions you asked..
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PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE XXII. CORPORATIONS
CHAPTER 159B. CARRIERS OF PROPERTY BY MOTOR VEHICLE
Chapter 159B: Section 6B. Towing away and storage of motor vehicles; maximum charges; liens; annual statements
Section 6B. The department shall establish the maximum charges that may be made by persons subject to the provisions of this chapter for the towing away of motor vehicles, when such towing is ordered by the police or other public authority. Notwithstanding any general or special law to the contrary, a city or town by vote of its council or selectmen may establish the maximum rate that may be charged for the towing away of motor vehicles within its jurisdiction, but the maximum rate charged by a city or town shall not exceed the maximum rate established by the department.
The maximum storage charge for non-commercial passenger motor vehicles with a maximum capacity of nine persons, shall be twenty dollars per twenty-four hour period thereof, when said vehicles have been involuntarily towed or transported pursuant to order of police or other public authority, or pursuant to accident on a public way, pursuant to section thirty-nine A of chapter two hundred and fifty-five, or when said vehicles have been stolen or misappropriated and their removal from public ways has been ordered by police or other public authority, or in any other situation where motor vehicles have been involuntarily towed or transported by order of police or other public authority and maximum storage charges are not specifically regulated by law.
The maximum rate established herein, shall apply only to lighted, outside storage facilities enclosed by a secure fence or other secure barrier at least six feet in height. Other outdoor storage facilities shall be entitled to a maximum storage rate of only one-half that established above.
The motor vehicle storage facility shall have a lien for its proper transportation and storage charges due them for the towing, transportation and storage of motor vehicles, pursuant to this section. Said lien may be enforced under the sale provisions of section thirty-nine A of chapter two hundred and fifty-five. Nothing contained in this section shall in any way affect the liability of said motor vehicle storage facilities, nor to limit the maximum recovery of a carrier for his lawful removal and transportation charges as established by the department and storage charges as established by this section to the value of any vehicle involuntarily removed, transported and stored.
Every person engaged in the towing away of motor vehicles, under this section, shall annually, on or before March the thirty-first, transmit to the department a financial statement on a form prescribed by the department, reflecting the net profits for the preceding year from such towing operation. A person who fails to make such return, within the time herein provided, shall forfeit twenty-five dollars for each day after March thirty-first that said return is not so filed.
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Now as to the reason for the tow, it you have a parking sticker you are a tenant not a guest, and as such you force someone else to violate the rules.. Stupid as it sounds its a fact and one of the biggest reasons for towing problems..
Warnings are usually signs at entrances of the complex, and maybe thought out the lot or in "TOW SPECIFIC" areas...
Examples of signs are like, you know that once you pass a speed limit sign and do not see another one you still have to follow the laws even thought it might be 10 miles to the next one that said 55 mph, even thought you want to go 90, its the law, and if you break the law you pay the penalty.
Towing for illegal parking are like the fines that traffic tickets list.
The storage does sound like it was wrong, but at times people just make simple mistakes doing paperwork.. It does happen..
I hope this helped a bit, even though I did not provide all the answers you wanted..
