Section 16-405. TOWING SERVICE STORAGE LOT REQUIREMENTS

 

405.1A towing service storage lot shall be located on a secured lot in the District of Columbia, with appropriate and descriptive signage, and be in full compliance with all District of Columbia laws, regulations, including zoning regulations.

 

405.2The towing service storage lot operator shall maintain a log of all vehicles towed to and from its location. The operator shall maintain the log and make it available for inspection as follows:

 

(a)It shall be available to DCRA investigators and other authorized government officials whenever the lot is open for business and at other reasonable times during regular business hours;

 

(b)It shall record the receipt and release of every vehicle towed to or from the lot, and for each vehicle shall include identification of the towing business responsible for the tow, the vehicle identification number (VIN), the make, model, year, color, license state, and tag number of the stored vehicle, the owner of the vehicle (if known), and, if a public tow, shall include the Department of Public Works (DPW) towing control number;

 

(c)It shall also record the date and time the vehicle arrived at the towing service storage lot, a description of any damage to the vehicle upon its arrival, the date and time of removal from the lot, a description of any damage to the vehicle upon its removal, and the person or entity to whom the vehicle was released; and

 

(d)It shall be maintained and available for inspection for three (3) years after the date of the last entry.

 

405.3Prior to releasing a public tow vehicle, the operator of a storage lot shall contact the DPW Towing Control Center by telephone and report the date and time of the scheduled release, the condition of the vehicle, and to whom the vehicle is to be released.

 

405.4The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall apportion the lot into storage lot sections and clearly identify or designate the towing business responsible for each apportioned section.

 

405.5When a towing service storage lot is used by more than one towing business, the holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall clearly designate individual storage spaces for each vehicle and shall clearly identify the towing business assigned to each space.

 

405.6The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall employ reasonable procedures and requirements to insure that vehicles are released to rightful owners or other authorized individuals.

 

405.7A printed “Owner’s Bill of Rights for Towed Vehicles” statement, issued by the Director, shall be given to the vehicle owner or operator by the tow truck operator before initiating the tow, if either the vehicle owner or operator is on the scene of the tow. The holder of a Basic Business License Endorsement for a Towing Service Storage Lot shall conspicuously post, at each towing service storage lot, the Owner’s Bill of Rights for Towed Vehicles statement and, upon release of the vehicle, shall provide a copy of this statement to the person to whom the vehicle is released.

 

405.8If used to store vehicles outside of a permanent garage or permanent building, a towing service storage lot shall comply with the following additional requirements:

 

(a)The storage lot shall be used exclusively for

 

(1)Storing towed vehicles following public tows or tows for customers;

 

(2)Parking vehicles used by customers, employees, visitors, or other persons, to travel to and from the storage lot; and

 

(3)Parking tow trucks and any other vehicles regularly used by the towing business for the purpose of transporting passengers, vehicles, or equipment;

 

(b)The storage lot shall not be used to store a towed vehicle for more than sixty (60) days, unless the vehicle is being stored as a result of a public tow;

 

(c)The storage lot shall be served by an office, located on the storage lot or on an adjoining lot, that has heating, electricity, and a bathroom;

 

(d)The storage lot shall maintain a permanent sign, visible from the lot entrance, showing the name of the establishment and its hours of operation;

 

(e)Each automobile space in the storage lot shall have space boundaries that are clearly marked with painted lines;

 

(f)The storage lot shall be separated by fencing from any adjoining outdoor space not used as a towing service storage lot, whether or not such adjoining outdoor space is owned by the storage lot owner;

 

(g)Any adjoining public space, or adjoining private space not owned by the storage lot owner, shall be protected from vehicular encroachment by curbs, guard rails, or fencing, that prevent vehicles on the storage lot from protruding into the adjoining space;

 

(h)The areas of the storage lot used for storing, parking, or moving vehicles shall be paved and maintained;

 

(i)If the storage lot is used to store five (5) or more towed vehicles and is not located in a C-M or M zoning district, then the areas of the storage lot used for storing vehicles, or the entire storage lot, shall be screened on all sides

 

(1)by a solid, permanent, opaque fence, or a solid brick or stone wall, at least seventy-two (72) inches high and maintained, or

 

(2)by evergreen hedges or evergreen growing trees that are thickly planted and maintained and that are at least seventy-two (72) inches in height when planted;

 

(j)If the storage lot is located in a C-M or M zoning district on a lot that, as shown by the records of the Surveyor of the District of Columbia, abuts a Residence District or abuts a street or alley containing a zone district boundary for a Residence District, then the storage lot shall be screened from the Residence District

 

(1)by a solid, permanent, opaque fence, or a solid brick or stone wall, at least seventy-two (72) inches high and maintained, or

 

(2)by evergreen hedges or evergreen growing trees that are thickly planted and maintained and that are at least seventy-two (72) inches in height when planted; and

 

(k)No vehicle parts or trash shall be stored outdoors on the storage lot, unless stored off the ground in secured containers.

 

source

Final Rulemaking published at 52 DCR 522 (January 21, 2005), as amended by Final Rulemaking published at 56 DCR 3093 (April 24, 2009).