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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
private towing carriers; regulation; rates
Purpose
Requires counties, cities and towns to adopt standard fees and charges for towing from private properties by private towing carriers based on the market standards or the Department of Public Safety (DPS) tow service agreement as outlined. Prescribes requirements relating to towing from private properties by private towing carriers and requirements relating to the release of an impounded motor vehicle from a private towing carrier. Establishes the Heavy-Duty Truck Towing Study Committee (Study Committee) and outlines Study Committee membership and duties.
Background
For any private towing carrier doing business within the boundaries of a city, town or county, the governing body of an incorporated city or town or the county board of supervisors for a county may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from a private property, without the permission of the owner or operator of the vehicle.
For private
towing regulated by a city or town, the agent or owner of private property is
deemed to have given consent to unrestricted parking by the general public in
any parking area of the private property, 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. The signs, at a minimum, must contain: 1)
restrictions on parking; 2) disposition of vehicles found in violation of the
parking restrictions; 3) the maximum cost to the violator, including storage
fees and any other charges that could result from the disposition of a vehicle
parked in violation of the parking restrictions; and
4) the telephone number and address where the violator can locate the vehicle.
For private towing regulated by a city, town or county it is a class 2 misdemeanor for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the motor vehicle owner unless the private towing carrier receives a request from a law enforcement agency or the express written permission of the owner or agent of the owner for the private property. The property owner or owner's agent must either sign each towing order or authorize the tow by a written contract that is valid for a specific length of time. A private towing carrier may not act as an agent of the private property owner.
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 and 11-251.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Rates for Private Towing Carriers
1. Specifies that the regulation of towing rates for motor vehicles that are towed from private property by private towing carriers is a matter of statewide concern.
2. Removes the ability of counties, cities and towns to regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the motor vehicle.
3. Stipulates that, if a county, city or town does not regulate the rate for private towing of motor vehicles from private property by January 1, 2026, the rate for towing, transporting, impounding or storing a motor vehicle that is towed from private property must be the rate published in the DPS tow service agreement.
4. Requires a county, city or town that has regulated the rate for private towing of motor vehicles as of January 1, 2026, to update the rates for private towing motor vehicles from private property to the market standards or the rates and fees prescribed by the DPS tow service agreement by January 1, 2027.
City and Town Specific Private Towing Requirements
5. Replaces the current requirements for towing signage at a private property with the requirements that the signs be:
a) posted in a manner to face and be conspicuously visible to the driver of a motor vehicle that enters the parking facility and be posted on the left or right side of each driveway or curb cut in which a motor vehicle can enter the facility;
b) constructed using weather resistant materials;
c) between a minimum of 9 inches wide by 12 inches tall, and a maximum of 12 inches wide by 18 inches tall; and
d) permanently mounted on a pole, post, permanent wall or barrier.
6. Specifies that the private property towing signs must contain:
a) a statement that unauthorized vehicles will be towed at the motor vehicle owner's or operator's expense pursuant to A.R.S. § 9-499.05;
b) a telephone number that is monitored 24 hours a day that enables the motor vehicle owner or operator to locate the towed motor vehicle; and
c) the towing and storage rate, information relating to the release of the motor vehicle and the rights of the motor vehicle owner through a website link or QR code.
7. Exempts a single-family residence from the outlined private property towing signage requirements if the owner or tenant of the single-family residence is the party who requested the tow.
8. Requires a private towing carrier, before mechanically connecting a motor vehicle to the private towing carrier, to document the nature of the private parking violation by using date and time stamped digital photography or video.
9. Directs a private towing carrier to provide all photographic or video images to the owner of the motor vehicle or the owner's agent, if requested.
10. Requires photographic evidence to include images of the:
a) motor vehicle being towed;
b) required private property towing signage, as applicable;
c) entire motor vehicle taken from all four corners of the motor vehicle; and
d) motor vehicle's license plate or motor vehicle identification number.
11. Requires any private towing carrier that tows a motor vehicle from private property without the vehicle owner's permission to notify the appropriate law enforcement agency within one hour of mechanically connecting the motor vehicle to the private towing carrier.
12. Outlines information that the private towing carrier must provide to the appropriate law enforcement agency, including the:
a) name and address of the vehicle owner, if known;
b) motor vehicle's license plate number, vehicle identification number and description;
c) reason for the tow;
d) street address of the impound lot where the vehicle will be impounded;
e) name and address of the private towing carrier that will tow the vehicle and the name of the person who will tow the vehicle on behalf of the private towing carrier; and
f) phone number that is answered 24 hours a day, seven days a week for the private towing carrier and the impound lot where the vehicle will be impounded.
13. Exempts agreements entered into between law enforcement agencies and private towing carriers for law enforcement-initiated towing services from the outlined towing requirements.
14. Excludes motor vehicle dealerships from the definition of private towing carrier.
County, City and Town Private Towing Requirements and Penalties for Violations
15. Requires a private towing carrier to release an impounded motor vehicle to the owner of record or the owner's agent who proves ownership of the vehicle and pays or makes an arrangement to pay the charges associated with towing and impounding the vehicle in a manner consistent with the DPS tow service agreement.
16. Specifies that a person proves ownership of a motor vehicle by providing 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 certified vehicle record;
f) proof of a bona fide security interest or other financial interest in the motor vehicle that exists at the time of the motor vehicle tow; or
g) for counties and if applicable, proof of a lien on the motor vehicle.
17. Instructs a private towing carrier to provide a motor vehicle owner with an itemized receipt for services and, if requested, a copy of the applicable statute.
18. Specifies that a private towing carrier that charges a towing fee greater that the applicable prescribed towing fee may be ordered to reimburse the motor vehicle owner for any overcharges or unauthorized charges.
19. Subjects a private towing carrier or private parking facility owner that intentionally, knowingly or recklessly violates the outlined private property towing requirements to liability to the vehicle owner for damages equal to two times the amount of the fees assessed for the vehicle's towing and storage.
20. Prohibits a private towing carrier from:
a) requiring immediate payment as a condition of releasing a motor vehicle; and
b) paying or agreeing to pay the owner or the owner's agent of a private property from which a motor vehicle is towed.
21. Prohibits a private property owner or the owner's agent from accepting or agreeing to accept any money, fees, commissions, credits, gifts, gratuities or other compensation for a provided towing service.
22. Specifies that, for cities and towns, a violation of the outlined private towing requirements is a class 2 misdemeanor.
23. Requires a county, city or town's law enforcement agency to enforce the outlined private towing requirements, as applicable.
Study Committee Establishment, Membership and Duties
24. Establishes the Study Committee.
25. Outlines Study Committee membership, including:
a) one member of the House of Representatives who is appointed by the Speaker of the House of Representatives;
b) one member of the Senate who is appointed by the President of the Senate;
c) two members who represent the private towing industry, with one member being appointed by the Speaker of the House of Representatives and one member being appointed by the President of the Senate;
d) two members who represent the trucking industry, with one member being appointed by the Speaker of the House of Representatives and one member being appointed by the President of the Senate; and
e) one member who represents DPS who is appointed by the Governor.
26. Requires the Study Committee to:
a) review current practices relating to towing vehicles that weigh at least 26,000 pounds;
b) review cargo release practices;
c) review heavy-duty truck towing enforcement issues;
d) evaluate the minimum towing insurance requirements;
e) discuss establishing a state towing board and potential state towing board duties; and
f) submit a report regarding the Study Committee's activities and recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives by June 30, 2027.
27. Requires the Study Committee to provide a copy of the report to the Secretary of State.
28. Repeals the Study Committee on January 1, 2028.
Miscellaneous
29. Makes technical and conforming changes.
30. Becomes effective on the general effective date.
House Action
TI 2/11/26 DPA 7-0-0-0
3rd Read 2/26/26 46-6-8
Prepared by Senate Research
March 27, 2026
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