Why Wilmington had issues with bill protecting drivers from 'unscrupulous' tow companies

• House Bill 351 would codify requirements for towing and storage of vehicles and provide protections for vehicle owners.
• Among the provisions would be capping charges to owners for retrieving their vehicles at $500 and preventing towing companies from patrolling for "illegally parked cars."
• An amendment to the bill would ensure that communities like Wilmington could still tow vehicles for unpaid parking tickets.

Delaware’s largest city, which is facing a federal trial over its towing and ticketing practices, stalled legislation that would protect drivers from unscrupulous tow companies after having concerns about the bill.

House Bill 351 was set to be voted on Thursday by the state House of Representatives, but never made it to the floor for a vote because Wilmington representatives wanted to ensure that the city’s attorneys and administration would support the bill in its final form, the bill’s sponsor, Rep. Ed Osienski said Friday.

“In caucus, several of my colleagues who represent the city had heard from city officials and weren’t comfortable with voting on the bill until they got the green light from the city,” Osienski said.

The Newark Democrat said he encouraged his Wilmington colleagues to connect with city officials, figure out what Wilmington would support, and propose changes to House Bill 351.

Osienski filed an amendment to the bill that clarifies language and ensures that places like Wilmington can tow vehicles that owe $200 or more in unpaid parking tickets. This change appeared to satisfy Wilmington officials, and the representative said he heard from city lobbyists Friday afternoon who confirmed the bill was now amenable to the city.

Meanwhile, there is legislation proposed within Wilmington City Council that would increase the limit for unpaid parking tickets to $500.

Mayor Mike Purzycki's deputy chief of staff, John Rago, confirmed in an emailed statement Friday that Wilmington supports the bill as amended.

"Initially, the city had some concerns about the definition of public parking areas as contained in the original bill," Rago said. "However, the sponsor shared an amendment with us yesterday and after reviewing it, our concerns have been addressed.”

With the "green light" given by city officials, Osienski said lawmakers will vote on the bill Tuesday.

The legislation would codify requirements for towing and storage of vehicles and protections for vehicle owners, including capping charges to owners for retrieving their vehicles at $500 and preventing towing companies from patrolling for “illegally parked cars.”

CITY PARKING PROBLEMS:How a downtown Wilmington business took parking enforcement into its own hands

“I still feel very strongly about the legislation and that it’s needed,” Osienski said. “I spoke to a couple tow truck operators, and they say they think it’s needed and recognize some are operating unscrupulously. They feel there needs to be higher standards.”

What House Bill 351 would do

The bill would add a new chapter to Title 21 in the State Code regarding towing and require companies to provide photographic evidence of the “unauthorized parking of a vehicle” before it’s towed; publicly display rates and ensure they are reasonable; and prevent towing companies from patrolling for “illegally parked cars.”

DETAILS ON HOUSE BILL 351:Parking woes targeted for audit in Wilmington as federal suit goes to trial

It does not prevent towing of vehicles involved in car crashes; vehicles blocking roadways; nor, with the latest amendment to the bill, cars that have unpaid parking tickets.

It also makes any violations enforceable by the Consumer Protection Unit of the state Department of Justice.

Why Wilmington has skin in the game

For the first time in several years, the city's selected towing contractor – City Towing – submitted a bid that charges for the towing and storage of vehicles.

City Towing, Wilmington’s current towing contractor and a party to the federal lawsuit, this year submitted a bid that charges $110 for a tow and $40 per day for storing the vehicle.

In previous responses to the city’s requests for proposals, the New Castle-based tow company would bid $0 but charge drivers for its services anyway.

WATCHDOG REPORTING:Tow company bid $0 storage fee, but charged Wilmington drivers thousands anyway

It's that practice that will be scrutinized by a federal judge in July. The civil rights lawsuit claims that Wilmington is violating the U.S. Constitution by illegally seizing cars for nonpayment of parking tickets, impounding them and allowing private towing companies to scrap the vehicles and keep the proceeds if the owners do not pay the outstanding debt within 30 days.

U.S. District Chief Judge Colm Connolly in November 2022 ordered the case forward, which has set the stage for a trial to evaluate whether Wilmington’s parking enforcement policies violated residents’ constitutional rights.

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