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McAuliffe Signs Bill Overriding County’s Towing Changes

by Chris Teale — April 26, 2017 at 5:30 pm 0

Local businesses will not have to authorize each individual tow from their property after Gov. Terry McAuliffe (D) signed a bill ending the would-be practice.

HB 1960 overrides Arlington County’s towing regulations that required a so-called “real-time authorization” of each tow during business hours. The county’s regulations were set to come into effect on July 1.

The bill, introduced by Del. Tim Hugo (R-40), prevents any jurisdiction in Northern Virginia from requiring the authorization, also known as a second signature. The first signature is the contract that authorizes a company to tow from a particular property.

Having previously railed against the requirement, Arlington Chamber of Commerce president and CEO Kate Bates praised McAuliffe’s decision.

Bates said in a statement:

The signing of this important legislation into law is a huge win for the Arlington business community. Arlington businesses rely on being able to provide clear, available parking for customers, employees and visitors in order to stay viable, and HB 1960 empowers and protects these businesses so they can continue to do just that. By removing the ability of local lawmakers to force businesses to adhere to a second authorization towing requirement, this legislation returns the decision-making power about the removal of illegally parked vehicles back where it belong: in the hands of private property owners and business owners.

McAuliffe said in an interview on WTOP this morning that he signed the bill after having conversations with representatives of local chambers of commerce and small businesses.

“I always will come down on the side of the small business community, so I signed the bill,” McAuliffe said.

County Board chair Jay Fisette told ARLnow.com he was “disappointed” at McAuliffe’s decision, after he initially tried to amend the bill. Fisette said the second signature is necessary to prevent predatory towing.

“For us, it’s important because predatory towing has gotten worse over recent years, and an increasing number of people are affected by it,” Fisette said. “There is a better balance that can be struck to reduce the number of tows that occur in the first two minutes that somebody parks in a space.”

Fisette said he hopes the Chamber and county can now work together to find a way to address both parties’ concerns.

One minor change requested by McAuliffe, concerning fines for towing operators in Northern Virginia that will apply each time they make an improper tow or violate certain towing regulations, was made to the final bill by the legislature. The bill also calls for towing operators to notify the local animal control office when a car is towed with a pet inside.

Local Del. Rip Sullivan (D-48) spoke forcefully against the bill on the floor of the House of Delegates during the General Assembly’s reconvened session earlier this month to discuss McAuliffe’s amendments and vetoes.

He said the fact that other localities like Virginia Beach and Stafford County have a second signature provision shows inconsistency. He said the General Assembly should have “left well alone” for jurisdictions to decide.

“My big concern with this bill is I don’t quite understand why having granted this authority to localities over a decade ago, Northern Virginia is being now carved out and this authority to pass ordinances like the one Arlington did is being stripped away in some localities but not others,” he told ARLnow.com. “There are other localities that do use this authority and apparently it works well without any hue and cry and uproar.”

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