It can be a stressful situation to find your car being towed. Whether you’ve parked in a no-parking zone or on private property without authorization, understanding the Laws On Towing A Car is crucial. This guide breaks down your rights as a car owner when faced with private property towing, ensuring you’re informed and prepared.
Your Rights When Faced with Towing
Navigating the rules surrounding car towing can be confusing, but knowing your rights empowers you in these situations. Here’s what you should be aware of, both when a tow truck is present and after your car has been towed.
When the Tow Truck Arrives:
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Before Full Hook-Up: If you return to your car as a tow truck is preparing to tow it, and it’s not fully hooked up and ready for towing, the law states you have the right to take your car back without any charge. You are not obligated to prove car ownership at this stage.
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Fully Hooked Up, But Still on Site: Even if your car is fully hooked up and ready for towing, but hasn’t yet been removed from the parking area, you are still entitled to regain control of your vehicle. However, in this scenario, you must pay a drop fee. Similar to the previous point, proving immediate ownership isn’t required here.
After Your Car Has Been Towed:
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Locating Your Vehicle: If your car has already been towed from a parking lot, look for a no parking sign which should display a phone number to call. This number will lead you to the Vehicle Storage Facility (VSF) where your car has been taken.
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Vehicle Recovery: You have the right to recover your car from the VSF. To do so, you will need to prove you are the owner (or an authorized user) and pay the applicable towing and storage fees.
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Access for Documents: Upon arrival at the VSF, you’re entitled to access your car to retrieve ownership documents without any charge. This ensures you can gather the necessary paperwork to prove ownership.
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Personal Property Retrieval: Similarly, you have the right to access your car at the VSF to remove personal belongings without incurring a fee.
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24/7 Claim Access: If the VSF operates 24 hours a day and accepts vehicles around the clock, you can claim or access your car 24 hours a day, and within one hour of your request.
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VSF Operating Hours: For VSFs that don’t operate 24/7, you can claim your car within one hour of your request during their operating hours. These hours are typically 8:00 a.m. to midnight, Monday through Saturday, and 8:00 a.m. to 5:00 p.m. on Sundays, excluding nationally recognized holidays. These VSFs are not obligated to release vehicles after midnight.
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Right to a Tow Hearing: If you believe your car was wrongfully towed, stored, or booted, or if you were overcharged, you have the right to request a tow hearing. This hearing can be requested at a Justice of the Peace Court in the county where the towing occurred. It’s crucial to request this hearing within 14 days of the tow.
What You Are NOT Entitled To:
It’s equally important to understand what you are not legally allowed to do:
- Vehicle Dismantling: You cannot remove or take apart any part of your car while it is at the VSF.
- Free Vehicle Retrieval (without fees): You cannot reclaim your car from the VSF without settling the towing, storage, and other permissible fees.
- Boot Removal without Fee: You are not entitled to have a boot removed from your car without paying the booting fee.
- Retrieval without Proof of Ownership: You cannot retrieve your car from the VSF without demonstrating that you are the car’s owner or an authorized user.
- Mid-Tow Retrieval: You cannot get your car back after it has been removed from the parking location but before it has been placed at the VSF.
Steps to Take When Faced with a Tow Truck
Knowing what to do in the moment can save you time and money. Here’s a breakdown of actions to take when you encounter a tow truck preparing to tow your car.
Car Not Fully Hooked Up:
If you return to your car and it’s in the process of being hooked up, but not yet fully prepared for towing, you should immediately request the release of your vehicle. According to the laws on towing a car, you are entitled to have your car released without any payment or charge, and without needing to prove ownership at that instant.
Car Fully Hooked Up, But Still On-Site:
If you find your car fully hooked up and ready to be towed, but still within the parking area, you can still get your car back. However, in this case, you are required to pay a drop fee. It’s important to note that there are maximum drop fee amounts set:
- Vehicles 10,000 lbs or less: Maximum $135
- Vehicles between 10,000 and 25,000 lbs: Maximum $190
- Vehicles exceeding 25,000 lbs: Maximum $244
These are statewide maximums, and local city or county rules might stipulate lower fees, but they can never exceed these amounts. Tow truck drivers are legally obligated to accept cash, credit cards, and debit cards as payment for the drop charge.
Car Already Towed:
If your car has already been towed, your first step is to locate the no-parking sign in the area where your car was parked. This sign should have a telephone number to call to find out where your car has been taken.
Car Booted:
If you find a boot attached to your wheel, do not attempt to remove it yourself or drive with it attached. This could cause damage to your vehicle. Instead, look for a warning sticker on your window which will have a telephone number to call for boot removal and instructions.
Recovering Your Car from a Vehicle Storage Facility (VSF)
Retrieving your car from a VSF involves a specific process. Here’s what you need to do to ensure a smooth and lawful recovery.
Required Steps for Vehicle Recovery:
To recover your vehicle, you MUST fulfill these three key requirements:
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Provide Photo Identification: You will need to present a valid photo ID. Acceptable forms of identification include:
- State-issued driver’s license or identification card
- Federal government-issued photo ID
- Foreign government-issued photo ID (e.g., Mexican driver’s license, “matricula consular”)
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Prove Ownership or Authorized Use: You must demonstrate that you are either the car’s owner or have the owner’s permission to use it. Acceptable forms of proof include ONE of the following:
- Government-issued driver’s license matching DMV car registration database owner information
- Insurance card listing you as a named insured for the car
- Certificate of title showing you as the car owner
- Notarized power-of-attorney from the car owner
- Tax collector’s receipt and car registration renewal card with matching identification
- Current automobile lease or rental agreement signed by the car operator
- Completed TDLR Personal Vehicle Owner Removal and Inspection form (or Commercial Vehicle form if applicable), which VSFs are also required to provide.
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Pay All Applicable Fees: You are responsible for paying all towing and storage fees. These fees can include:
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Tow Charge: Maximum private property tow charges are set based on vehicle weight:
- Up to 10,000 lbs: $272
- 10,001 to 25,000 lbs: $380
- Over 25,000 lbs: $489 per unit, up to a maximum of $978
- Remember, local rates may be lower.
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Daily Storage Charge:
- Vehicles 25 feet or less: $22.85 per day or part of a day (2023 adjusted rate)
- Vehicles over 25 feet: $39.99 per day or part of a day (2023 adjusted rate)
- A day is midnight to midnight. If the car is stored for less than 12 hours, only one-day storage can be charged.
- Storage fees may be limited to five days if proper notification to the owner is not sent, especially for Texas-registered vehicles.
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Notification Fee: A VSF can charge up to $50 for notifying you about your car’s location. If publication is required, and it exceeds 50% of the notification fee, the VSF can recover the additional publication cost. No notification fee can be charged if you reclaim your car within 24 hours or before notification is sent.
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Impoundment Fee: A maximum $20 impoundment fee can be charged only if the VSF performs specific impoundment services, such as securing broken windows or doors, conducting a written inventory of unsecured personal property, or obtaining vehicle registration information from the DMV. If charged, the bill must detail the services and dates performed.
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Governmental/Law Enforcement Fees: VSFs can collect any fees they are required to pay to law enforcement or governmental entities.
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No Additional Fees: VSFs are not allowed to charge any storage-related fees beyond those listed above.
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Your Right to Information When Your Car is Towed
As a consumer, you are entitled to specific information when your car is towed, whether it’s a private property tow or a tow due to an accident or incident.
Information You Are Entitled To Receive:
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Tow Ticket Copy: Towing companies are legally required to issue a tow ticket for every non-consent tow. You are entitled to a copy of this ticket if you are present during the tow, and a copy must also be provided to the VSF. The tow ticket must:
- Only include charges directly related to the towing.
- Itemize each charge using the same fee structure as the towing company’s official non-consent towing fee schedule.
- Include the towing company’s licensed name, public phone number, registration number, and the tow operator’s TDLR license number.
- Towing companies must provide their non-consent towing fee schedules to all VSFs and make them available to the public upon request.
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Statement of Consumer Rights: You are entitled to receive a statement outlining your consumer rights related to tow hearings.
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Tow Hearing Information: You must be provided with the necessary information on how to file for a tow hearing.
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TDLR Contact Information: Every VSF is required to inform you of the TDLR’s (Texas Department of Licensing and Regulations) website, email, mailing address, and phone number, for the purpose of directing complaints about vehicle storage.
Unclaimed Vehicles and Abandonment
What happens if you don’t claim your car after it’s been towed? VSFs have procedures for dealing with unclaimed vehicles.
Abandoned Vehicle Procedures:
A VSF can deem a car abandoned if it remains unclaimed by the owner. Before taking further action, the VSF must:
- Send or publish at least two notices stating they possess the vehicle.
- Wait at least 30 days after the second notice before proceeding with any disposal actions.
After this period, the VSF is legally permitted to sell the vehicle through a public sale. The proceeds from the sale are used to cover towing and storage charges. If any money remains after covering these costs, it may be returned to the vehicle owner. Disputes regarding the sale or payment of proceeds can be taken to court.
Special Rule for Junk Vehicles:
There’s a special rule for vehicles over 10 years old that are in a condition to be junked, crushed, or dismantled. For these “abandoned nuisance vehicles,” VSFs are not required to send or publish a second notice. They can sell the vehicle 30 days after sending the first notice.
Requesting a Tow Hearing: Contesting a Tow
If you believe your car was wrongfully towed or booted, you have the right to contest it through a tow hearing.
Your Right to a Hearing:
Consumers who have had their vehicle towed or booted without their consent are entitled to a hearing to dispute the action. The VSF, towing company, or booting company must provide you with a notice informing you of your right to a hearing and identifying the relevant Justice Court.
Filing Deadline:
It’s critical to file your request for a hearing within 14 days (excluding Saturdays, Sundays, and national holidays) after your car was placed in the VSF or booted.
Required Information in the Notice:
The notice regarding tow hearings must include:
- Statement of your right to request a hearing within 14 days to determine if probable cause existed for the tow or boot.
- List of information required in your hearing request.
- Filing fee amount for the hearing.
- Name, address, and phone number of the towing or booting company.
- Name, address, and phone number of the VSF.
- Name, address, and phone number of the person, property owner, or law enforcement agency authorizing the tow.
- Name, address, and phone number of the Justice Court where the VSF is located (or where the booting occurred).
Information Required for Your Hearing Request:
Your request for a tow hearing must contain the following details. The towing company or VSF is obligated to provide you with items (2) through (6):
- Your name, address, and phone number (car owner/operator).
- Location where the car was towed or booted.
- Date of towing or booting.
- Name, address, and phone number of the person/agency authorizing the tow/boot.
- Name, address, and phone number of the VSF.
- Name, address, and phone number of the towing/booting company.
- Copy of any receipt or notification received from towing/booting company or VSF.
- Photographs showing parking restriction signs (and their text) at the location, or a statement that no such signs were present.
Hearing Process:
The court may charge a $20 filing fee for the hearing. Hearings must be scheduled within 21 calendar days of the court receiving your request.
Filing a Complaint with TDLR
In addition to a tow hearing, you also have the option to file a complaint with the TDLR if you believe there has been a violation of towing laws.
TDLR Complaint Process:
Consumers can file complaints online through the TDLR website (https://www.tdlr.texas.gov/Complaints/) regarding tow companies, tow operators, VSFs, booting companies, or their employees. Filing a complaint with TDLR is not a substitute for requesting a tow hearing, and you can pursue both options simultaneously.
Disclaimer:
This information provides a summary of key provisions within Vehicle Towing and Booting Law, Vehicle Storage Facilities Law, and related administrative rules. It is intended for informational purposes and is not a complete legal description of all rights or requirements for license holders. For detailed legal advice, consult with a legal professional.
