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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DPA 7-0-0-0 |
HB2305: private towing carriers; regulation; rates
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Overview
Revises the private towing carrier regulation. Makes the regulation of towing rates for private towing carriers a matter of statewide concern. Outlines various requirements for private towing carriers.
History
The governing body of an incorporated city, town or a county board of supervisors may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the vehicle owner by any private towing carriers. A private towing carrier (carrier) is subject to the maximum rate and charge regulation prescribed by the city, town or county board of supervisors for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property.
The owner or owner's agent of the private property must be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless posted signs are clearly visible and readable from any point within the parking area and at each entrance and must contain, at a minimum: 1) the restrictions on parking; 2) the disposition of vehicles found in violation of the parking restrictions; 3) the maximum cost to the violator; and 4) telephone number and address where the violator can locate the vehicle.
It is unlawful for a private towing carrier to tow or transport a vehicle from private property without the permission of the owner or operator of the vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the owner's agent of the property. The owner or the owner's agent must either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time.
A person who violates regulation on private towing carriers is guilty of a class 2 misdemeanor.
A private towing carrier means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose (A.R.S. §§ 9-499.05, 11-251.04).
Provisions
1. Mandates that regulation of towing rates for private towing carriers is a matter of statewide concern. (Sec. 1, 2)
2. Removes the ability for a governing body of an incorporated city, a town or a county board of supervisors from being allowed to regulate the maximum rate and charge for towing, transportation or impounding a vehicle from private property without the vehicle owner's permission by any private towing carriers. (Sec. 1, 2)
3. Restricts the regulation of towing rates for private towing carriers from being subjected to further regulation by a county, city, town or other political subdivision of this state. (Sec. 1, 2)
4. Requires the rate for towing, transporting, impounding or storing a motor vehicle to be the rate published in the Department of Public Safety (DPS) tow service agreement for the location from which the vehicle was towed. (Sec. 1, 2)
5. Directs a private towing carrier (carrier), before mechanically connecting a vehicle to a carrier, to document, using date-and-time-stamped digital photograph or digital video, the nature of the parking violation. (Sec. 1)
6. Requires a carrier to provide all photographic or video images to the vehicle's owner or the owner's agent, if requested. (Sec. 1)
7. Stipulates the photographic evidence must include:
a. images of the vehicle being towed;
b. images of the required signage;
c. images of the entire vehicle taken from all four corners of the vehicle; and
d. images of the vehicle's license plate or vehicle identification number (VIN). (Sec. 1)
8. Requires any person towing a vehicle from private property without permission of the vehicle's owner or the owner's agent to notify the appropriate law enforcement agency within one hour after mechanically connecting the vehicle to a carrier. (Sec. 1)
9. Tasks the carrier with providing the appropriate law enforcement agency:
a. the name and address of the vehicle's owner, if known;
b. the vehicle's license plate number, VIN and a description of the vehicle;
c. the reason for the tow of the vehicle;
d. the street address of the impound lot where the vehicle will be impounded;
e. the name and address of the carrier that will tow the vehicle and the name of the person who will tow the vehicle; and
f. a phone number answered 24 hours a day, 7 days a week for the carrier and the impound lot where the vehicle will be impounded. (Sec. 1)
10. Directs the carrier to release an impounded vehicle to the owner of record of the owner's agent who pays, or makes satisfactory arrangements to pay, the charges in a manner consistent with the DPS tow service agreement and who proves ownership of the vehicle by providing a government-issued photo identification and:
a. a valid certificate of title;
b. proof of a current vehicle registration that is not a restricted use three-day permit;
c. a repossession affidavit and a hold harmless liability release from legal claims;
d. an insurance company release;
e. a certificate vehicle record; or
f. proof of a bona fide security interest or other financial interest in the vehicle that exists at the time of the vehicle tow. (Sec. 1, 2)
11. Instructs the carrier to provide the vehicle owner with an itemized receipt for services and, on request, to provide a copy of this statute to the vehicle owner or owner's agent who reclaims the vehicle. (Sec. 1, 2)
12. Allows a carrier that charges a towing fee greater than the prescribed towing fee to be ordered to reimburse the vehicle owner for any overcharges for unauthorized charges. (Sec. 1. 2)
13. Makes a carrier or parking facility owner that intentionally, knowingly or recklessly violates private towing regulation, liable to the vehicle owner, subject to violation, for damages equal to two times the amount of the fees assessed as part of the vehicle's towing and storage. (Sec. 1, 2)
14. Expands the class 2 misdemeanor penalty for a person in violation of unlawful towing without permission, to now include a person in violation of all rules related to private towing. (Sec. 1, 2)
15. Exempts, from private towing regulation, agreements entered between law enforcement agencies and carriers for law enforcement-initiated towing services. (Sec. 1)
16. Makes conforming and technical changes. (Sec. 1, 2)
Amendments
Committee on Transportation & Infrastructure
1. Clarifies that the regulation of towing rates is for motor vehicles that are towed from private property by private towing carriers.
2. Mandates that the regulation on private towing carriers applies only to motor vehicles towed from private property.
3. Stipulates that any private towing carrier that tows a vehicle, rather than any person towing a vehicle, from private property, must notify the appropriate law enforcement agency within one hour after mechanically connecting the motor vehicle to a carrier.
4. Specifies that a private parking facility owner who violates towing regulation is subject of the violation for prescribed damages.
5. Makes conforming changes.
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9. Initials LM HB 2305
10. 1/15/2026 Page 0 Caucus & COW
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