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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DPA 7-0-0-0 | Third Read: 27-0-3-0 |
SB 1205: motor vehicle booting; fees; regulation
Sponsor: Senator Kavanagh, LD 3
Committee on Transportation & Infrastructure
Overview
Establishes motor vehicle (vehicle) booting regulation for cities, towns and motor vehicle booting services (booting service). Lists signage requirements for the owners or agents of the owner of a private property (private property owner). Prescribes fee requirements for booting services and penalties for the violation of booting regulation.
History
A peace officer may remove, immobilize or impound vehicles in certain circumstances, such as driving with a suspended or revoked license, driving under the influence (DUI) or extreme DUI arrest, driving without insurance in some cases and dangerous or reckless driving situations (A.R.S. § 28-3511).
Currently, statute does not contain rules on private vehicle booting specifically, however it does regulate private property towing. Statute states that a private property owner must be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by private towing regulation, which are clearly visible and readable from any point within the parking area and at each entrance (A.R.S. § 9-499.05).
The Phoenix Police Department, under the direction of the Director of the Phoenix Police Department, may immobilize by placement of a restraint in such a manner as to prevent its operation, and may remove and impound any eligible vehicle upon a street, highway, public right-of-way or City owned or leased parking lot. A vehicle must be eligible for immobilization or impoundment as provided herein any time after inclusion of its registered owner on an immobilization and impoundment eligibility list. A person must be included on the immobilization and impoundment eligibility list as prescribed by Phoenix Municipal Code 36-7.
Provisions
Booting Regulation on Cities and Towns (Sec. 1)
1. Prohibits a city or town from preventing a regulation that prohibits booting a vehicle, without the permission of the owner or operator of the motor vehicle (vehicle owner), that is located on private property.
2. Allows the city or town to adopt rules that regulate the rates that a booting service is allowed to charge as prescribed.
3. Permits the city or town to adopt signage requirements and booted vehicle practices as prescribed if the vehicle is located on private property.
Booting Signage Requirements (Sec. 1)
4. Asserts that a private property owner has given consent to unrestricted parking by the general public unless the parking area is posted with signs that are clearly visible and readable from any point within the parking area and at each entrance.
5. Requires the sign to contain at least:
a. restrictions on parking;
b. disposition of vehicles found in violation of the parking restrictions;
c. the maximum cost to the owner or operator of the vehicle for removal of the booting device; and
d. a telephone number and address for the vehicle booting service for assistance with boot removal.
Booting Service Requirements (Sec. 1)
6. Allows a booting service to operate if the booting service:
a. receives a request from a law enforcement agency or has obtained permission from the private property owner that complies with signage requirements; and
b. does not act as the private property owner except to the extent required to collect unpaid parking fees.
7. Requires a booting service to release a booted vehicle within 30 minutes after receiving a request for the vehicle's release and be able to release a booted vehicle 24 hours a day, seven days a week.
8. Asserts that, before the release of the booted vehicle, all charges for booting the vehicle and all unpaid parking fees must be paid.
9. Mandates a booting service or a parking area management company (parking company) to provide the vehicle owner with a dispute process for a vehicle booting dispute and the dispute must be decided by an officer of an authorized agent of the booting service or of the parking company.
10. Requires the booting service or parking company, within 60 days of the dispute being filed, to provide notice of the decision of the dispute.
11. Allows the booted vehicle, that has been booted with a device that can be removed by the owner or operator of the vehicle on the payment of booting fees and unpaid parking fees, to be deemed released to the vehicle owner once they have been provided the ability to remove the booting device.
12. Restricts a booting service from booting:
a. a vehicle that is displaying a tax-exempt license plate;
b. a marked emergency vehicle;
c. a vehicle with an occupant; and
d. a vehicle that remains parked for less than 15 minutes after the paid parking period that is applicable to that vehicle expires.
13. Requires a booting service to maintain a time-stamp method of recording calls, that request the release of a booted vehicle, and to maintain the call record for at least 90 days and make the call record available to the city or town, at no charge, within five days after receiving a request from a city or town.
Booting Regulation Fees and Penalties (Sec. 1)
14. Standardizes fee requirements for booting services, to be at least $90 but not more than $150.
15. Requires the fee for booting must automatically be adjusted every three years based on the consumer price index published by the United States Bureau of Statistics.
16. Prohibits a booting service from charging additional fees for the use of a credit card.
17. Mandates a booting service to release a booted vehicle after 30 minutes but before 60 minutes of receiving a request to release the vehicle and if that happens the booting service must decrease the fee by 50%. If the booting service releases the booted vehicle after 60 minutes, they must not charge a fee.
18. Limits a booting service to only charge one fee for booting a combination of vehicles, however they may charge additional fees for booting a trailer or other vehicle that is separated from the vehicle that is the trailer's or other vehicle's method of transportation.
19. Subjects the vehicles owner or operator to a maximum fee of $250, if they intentionally damage a booting device or do not return a booting device to the booting service or to a clearly designated area on-site at the booting service storage area.
20. Makes violators of booting regulation subject to a class two misdemeanor.
Miscellaneous (Sec. 1)
21. Applies booting regulation only to services performed while a person is engaged in the activities of a booting service.
22. Exempts abandoned or junk vehicles from booting regulation.
23. Defines pertinent terms.
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27. Initials LM/IC SB 1205
28. 3/3/2026 Page 0 Transportation & Infrastructure
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