Custody clocks, and the exception written for commercial motor vehicles
Ohio runs the custody sequence on a set of short, specific intervals, and a towing service is measured against every one of them. Under § 4513.60(A)(1), effective November 25, 2025, a sheriff or law enforcement chief may order into storage a motor vehicle left on private residential or private agricultural property for at least four hours without the permission of the person entitled to possession. Paragraph (A)(2) then requires the towing service to deliver the vehicle to the designated location not more than two hours after removal, unless prevented by an uncontrollable force, natural disaster or other event outside its power.
Section 4513.61, also effective November 25, 2025, governs vehicles ordered into storage from public roads and from law enforcement possession, and it contains the provision most relevant to a trucking audience. Where a vehicle constitutes an obstruction to traffic it may ordinarily be ordered into storage immediately — but not if it is a commercial motor vehicle. In that case the officer must allow the owner or operator the opportunity to arrange for removal within a specified period of time, and may order removal only after determining the vehicle cannot be removed within that period. A motor carrier whose unit goes down in Ohio has a statutory window to send its own recovery contractor. For the recovery company on the receiving end of that call, the work happens in a live traffic lane, which is where auto liability limits on a heavy division are genuinely tested.
The rest of § 4513.61 is a notice and disposal timeline. The sheriff, chief or department must cause a records search within five business days of the removal to identify the owner and any lienholder, then send notice by certified or express mail with return receipt, certified mail with electronic tracking, or a commercial carrier service requiring a signed receipt, informing them the vehicle will be declared a nuisance and disposed of if not claimed within ten days of the date the notice was sent. Where the place of storage conducted the search and sent the notice, the owner or lienholder pays that facility a processing fee of twenty-five dollars in addition to removal and storage charges. If no claim is made within the ten days, the clerk of courts issues a salvage certificate of title free and clear of liens on presentation of an affidavit showing compliance.
Private tow-away zone work under § 4513.601, effective April 7, 2023 under House Bill 507 of the 134th General Assembly, adds its own set. The property owner must post a sign at least eighteen inches by twenty-four inches, visible from all entrances, carrying the tow-away statement, who may park, the enforcement hours if not continuous, and the telephone number and address of the place from which the vehicle may be recovered at any time of day or night. The storage location must be within twenty-five linear miles of the zone unless that is not practicable, well-lighted, and on or near a public transportation route where public transportation exists. The towing service must photograph the violation and retain the images and their time and date record for at least thirty days after recovery or two years after the tow, whichever is earlier; must deliver the vehicle within two hours; must notify law enforcement within two hours of removal; and may not remove any vehicle except under a written contract with the property owner. Everything after the delivery is lot exposure rather than road exposure, and damage to a customer vehicle sitting on the operator’s own well-lighted lot is a premises and garage question that the wrecker’s own auto policy will not answer.
- Four hours. Dwell time before a vehicle on private residential or private agricultural property may be ordered into storage (§ 4513.60(A)(1)).
- Two hours. Maximum time from removal to delivery at the designated location, under both § 4513.60(A)(2) and § 4513.61(B), absent an uncontrollable force.
- Two hours. Deadline to notify the relevant law enforcement agency of a private tow-away zone removal (§ 4513.601(E)(1)).
- Five business days. Deadline for the records search identifying owner and lienholder after a § 4513.61 removal.
- Ten days. Claim window from the date notice is sent, after which the vehicle may be declared a nuisance and disposed of.
- Twenty-five dollars. Processing fee payable to the place of storage where it conducted the search and sent the notice (§ 4513.61(C)(3)).
- Twenty-five linear miles. Maximum distance from a private tow-away zone to the storage location, unless not practicable (§ 4513.601(A)(2)(a)).