§1734. Gate fees; other fees; excessive charges; prohibitions; cause of action

            A. A towing or storage company that assesses gate fees shall assess a fixed fee in an amount determined by the Public Service Commission.

            B. If the towing or storage company charges a gate fee in excess of the amount fixed by the Public Service Commission, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of court.

            C. For the purposes of this Section, a "gate fee" shall mean a charge assessed by a towing or storage company for releasing a towed vehicle before or after normal business hours.

            D. No towing or storage company shall charge a fee for the retrieval of contents from a stored or towed vehicle during normal business hours. However, a towing or storage company may charge a fee in an amount determined by the Public Service Commission for the retrieval of contents from a stored or towed vehicle at a time other than during normal business hours. If the towing or storage company charges a fee in violation of this Subsection, the owner of the vehicle shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees and all costs of court.

            E. For purposes of this Section, "normal business hours" of any towing or storage company shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays.

            F. For purposes of this Section, any towing or storage company conducting nonconsensual towing operations from private property shall make themselves available for the release of personal property or the vehicle, outside normal business hours, exclusive of legal holidays and certain exempted hours.

            G. For purposes of this Section, any towing or storage company conducting nonconsensual towing operations from private property that is unavailable to the public for the timely release of personal property or the vehicle shall not charge the requester a storage fee the day of the facility closure or unavailability, exclusive of legal holidays and certain exempted hours, suspending future storage fees until the next day of normal business hours.

            H. The office of state police may adopt rules and regulations in accordance with the Administrative Procedure Act as necessary to implement the provisions of this Section, including but not limited to establishing the exempted hours.

            I. The administrative and mailing fees for filing the Official Report of Stored Vehicles for in-state and out-of-state notifications shall be determined by the Public Service Commission.

            Acts 1999, No. 532, §1; Acts 2001, No. 856, §1; Acts 2010, No. 837, §1; Acts 2021, No. 206, §1, eff. June 11, 2021; Acts 2026, No. 768, §1.