{"data":{"id":"us-ky/krs-281.922","jurisdiction":"us-ky","citation":"KRS 281.922","heading":"Emergency towing -- Duties of towing company.","body":"(1) This section applies to any towing company that engages in, or offers to engage in,\nemergency towing.\n(2) (a) Prior to the removal of a towed motor vehicle from a tow truck, a towing\ncompany that engages in emergency towing shall take photographs, video, o r\nother visual documentation to document evidence of any vehicle damage,\ndebris, or damaged cargo or property.\n(b) A towing company operating under this section may document, at the scene,\nany complications to the recovery process in writing or by using an y of the\nmethods outlined in paragraph (a) of this subsection, if:\n1. Law enforcement does not object; and\n2. It can be performed in a safe manner.\n(3) Except as provided in subsection (4) of this section, a towing company, while\nproviding an emergency tow , shall not stop, or cause a person to stop, at the scene\nof an accident or near a disabled motor vehicle, for the purpose of:\n(a) Soliciting an engagement for emergency towing services;\n(b) Moving a motor vehicle from a public street, road, or highway; or\n(c) Accruing charges in connection with paragraph (a) or (b) of this subsection.\n(4) A towing company may stop, or cause a person to stop, at the scene of an accident\nor near a disabled motor vehicle under the circumstances of subsection (3) of this\nsection if the:\n(a) Towing company is requested to stop or to perform a towing service by a law\nenforcement officer;\n(b) Towing company is summoned to the scene or requested to stop by the owner\nor operator of a disabled motor vehicle;\n(c) Owner of a disabled motor vehicle has provided consent to the towing\ncompany to stop or perform a towing service; or\n(d) Towing company has reasonable belief that a motorist is in need of immediate\naid. A towing company shall not offer towing services unde r this paragraph\nunless a condition of paragraph (a), (b), or (c) of this subsection has been met.\n(5) (a) Except as provided in subsections (6) and (7) of this section, the owner or\noperator of a disabled motor vehicle, in consultation with law enforcemen t or\nwith authorized state or local government personnel, may:\n1. Summon to the disabled motor vehicle's location the towing company of\nthe owner's or operator's choice, either directly or through an insurance\ncompany's or an automobile club's emergency service arrangement; and\n2. Designate the location to which the disabled motor vehicle is to be\ntowed.\n(b) If the location designated by the owner or operator is not a storage facility\nowned or operated by the towing company, the owner or operator shall\narrange for payment to the towing company at the time the towing company is\nsummoned.\n(6) Subsection (5) of this section shall not apply:\n(a) In the event of a declared emergency; or\n(b) If the owner or operator of a disabled motor vehicle:\n1. Is incapacitated or otherwise unable to summon a towing company; or\n2. Defers to law enforcement or to authorized state or local government\npersonnel as to the towing company to be summoned or the location to\nwhich the disabled motor vehicle is to be towed.\n(7) The authority of an owner or operator of a disabled motor vehicle to summon the\ntowing company of the owner's or operator's choice under subsection (5) of this\nsection shall be superseded by a law enforcement officer or by authorized state or\nlocal government personnel if:\n(a) The towing company the owner or operator chooses is unable to respond to\nthe location of the disabled motor vehicle in a timely fashion; or\n(b) The disabled motor vehicle is a hazard, impedes the flow of traffic, or may not\nlegally remain in th e motor vehicle's location in the opinion of the law\nenforcement officer or authorized state or local government official.\n(8) If a disabled motor vehicle is causing or poses a safety hazard, the towing company\nmay move the disabled motor vehicle to a safe  location after being authorized by a\nlaw enforcement officer or by authorized state or local government personnel. The\nowner of the disabled vehicle shall be responsible for the costs of the tow.\n(9) A disabled vehicle shall not be removed from a scene th at is under the control of a\nlaw enforcement agency without authorization from the law enforcement agency.\n(10) If a towing company is summoned for emergency towing by the owner or operator\nof a disabled motor vehicle, the towing company shall make a recor d, to the extent\navailable, consisting of:\n(a) The first and last name and telephone number of the individual who\nsummoned the towing company to the scene; and\n(b) The color, make, model, year, vehicle identification number, and license plate\nnumber of the disabled motor vehicle.\n(11) If a towing company is summoned for emergency towing by a law enforcement\nofficer or by authorized state or local government personnel, the towing company\nshall make a record, to the extent available, consisting of:\n(a) The id entity of the law enforcement agency or authorized state, county, or\nmunicipal agency requesting the emergency towing; and\n(b) The color, make, model, year, vehicle identification number, and license plate\nnumber of the disabled motor vehicle.\n(12) A towing company shall maintain a record created under subsection (10) or (11) of\nthis section and provide the record to a law enforcement agency upon request from\nthe time the towing company appears at the location of the disabled motor vehicle\nuntil the time the motor vehicle is towed and released to an authorized third party. A\ntowing company shall retain the record created under subsection (10) or (11) of this\nsection for a period of two (2) years from the date the disabled motor vehicle was\ntowed and, through out the two (2) year period, make the record available for\ninspection and copying, not later than forty-eight (48) hours after receiving a written\nrequest from a law enforcement agency, the Attorney General, the disabled motor\nvehicle's owner, or an authorized agent of the disabled motor vehicle's owner. If the\ndisabled motor vehicle was involved in a collision, the records shall be available for\ninspection by any individual involved in the underlying collision, his or her\nrespective insurance companies, or  his or her legal representatives. Records\nmaintained under this subsection shall be kept in paper or electronic form.\n(13) A towing company that performs emergency towing under this section shall, upon\ntaking possession of the motor vehicle, secure a towe d motor vehicle properly and\ntake all reasonable efforts to prevent further damage, including weather damage, or\ntheft of a towed motor vehicle, including the motor vehicle's cargo and contents\nuntil the motor vehicle is out of the towing company's possess ion. A towing\ncompany shall not be responsible for damage that occurred prior to taking\npossession of the motor vehicle for towing.","path":["KRS Chapter 281"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51075","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:34Z","sha256":"ff0bb1d13acb5ebf60993347e2ed630b8079c65836200f4249b2085d104c320a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-281.920","next":"us-ky/krs-281.924"},"notice":"GroundRules: Original legal text. Not legal advice."}