Section 319.05. Towing service notification requirements.

 

(1)   Notice of tow to law enforcement. Prior to removing a vehicle from private property pursuant to s. 349.13 (3m) , Stats., a towing service shall give notice of the impending tow to the police department for the municipality in which the vehicle is parked or, if that municipality has no police department, the sheriff of that county. The towing service shall deliver the notice to the law enforcement agency's non-emergency telephone number, unless a different delivery method is designated by the law enforcement agency that is any of the following:

(a) By telephone, including voice mail, answering machine or answering service capable of recording messages.

(b) By transmission to an electronic mail address specified by the law enforcement agency.

(c) By any other electronic means, including computerized or web-based systems capable of receiving and storing information from towing services related to the removal of vehicles parked on private property.

(2)   Contents of notice. A towing service shall include the following information in a notice under sub. (1) :

(a) The name and telephone number of the towing service.

(b) The make and model of the vehicle being removed.

(c) The license plate number of the vehicle being removed, unless license plates are not attached to the vehicle.

(d) The vehicle identification number of the vehicle being removed, unless the vehicle identification number is not visible through the vehicle windshield adjacent to the left windshield pillar.

(e) The location from which the vehicle will be removed.

(f) The address of the location to which the vehicle will be removed and, if that location is not operated by the towing service removing the vehicle, the name of the operator at the location.

(g) A phone number of the location identified in par. (f) .

(3)   Records of notices. A law enforcement agency receiving notice under this section shall maintain a record of the information received under sub. (2) and a record of the date and time that the notice was given. The records shall be maintained for at least 60 days after the date on which notice was given. If the owner or person authorized by the owner of a removed vehicle under s. 349.13 (3m) , Stats., requests information related to the tow, the law enforcement agency shall immediately provide to that person the name and telephone number of the towing service, the date and time that the vehicle was towed, the address of the location to which the vehicle was removed and, if that location is not operated by the towing service that removed the vehicle, the name and telephone number of the operator at the location.

EmR1425 : emerg. cr., eff. 10-2-14; EmR1514 : emerg. cr., eff. 4-30-15; EmR1606 : emerg. cr., eff. 1-22-16; CR 15-044 : cr. Register January 2016 No. 721 , eff. 2-1-16.

Note

49 CFR s. 565.13 , requires that vehicle identification numbers (VINs) be affixed to passenger cars, multi-purpose passenger vehicles, low-speed vehicles and trucks of 4,536 Kg or less (10,000 lbs.) adjacent to the left windshield pillar. The vehicle manufacturer is required to make the VIN visible; however, it may be obstructed by materials within the vehicle. Microsoft Windows NT 6.1.7601 Service Pack 1