1. (a) Except as provided in subsections (b) and (c), the owner or operator of a disabled motor vehicle may, in consultation with law enforcement or with authorized state, county, or municipal personnel (if appropriate):

   1. (1) summon to the disabled motor vehicle's location the towing company of the owner's or operator's choice, either directly or through an insurance company's or an automobile club's emergency service arrangement; and

   2. (2) designate the location to which the disabled motor vehicle is to be towed.

      However, if the location designated by the owner or operator is not a storage facility owned or operated by the towing company, the owner or operator must make arrangements for payment to the towing company prior to the tow truck leaving the scene. The fee charged by the towing company may not be more than normally charged by the towing company for the service provided.

2. (b) Subsection (a) does not apply:

   1. (1) in any case in which the owner or operator of a disabled motor vehicle:

      1. (A) is incapacitated or otherwise unable to summon a towing company; or

      2. (B) defers to law enforcement or to authorized state, county, or municipal personnel as to:

         1. (i) the towing company to be summoned; or
         2. (ii) the location to which the disabled motor vehicle is to be towed; or
   2. (2) in the event of a declared emergency.

3. (c) The authority of an owner or operator of a disabled vehicle to summon the towing company of the owner's or operator's choice under subsection (a) shall be superseded by a law enforcement officer or by authorized state, county, or municipal personnel if the towing company of choice of the owner or operator:

   1. (1) is unable to respond to the location of the disabled motor vehicle in a timely fashion; and

   2. (2) the disabled motor vehicle:

      1. (A) is a hazard;
      2. (B) impedes the flow of traffic; or

      3. (C) may not legally remain in its location;

         in the opinion of the law enforcement officer or authorized state, county, or municipal personnel.

As added by P.L.281-2019, SEC.5.