QuestionI'm trying to find the towing laws for Phoenix Az.
Answerhere is a basic start for you... Do a search on Arizona towing laws and then expand it to Phoenix and you might find more information... There are many of them and this is a good start..
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House of Representatives
SB 1539
trespassing vehicles; relocation
Sponsors: Senator Aguirre; Representative Cooley
X Committee on Transportation
Committee on Commerce and Economic Development
Caucus and COW
As Passed the House
Senate Bill 1539 requires the Arizona Department of Transportation Motor Vehicle Division (MVD) to license and regulate vehicle relocators.
The proposed strike-everything to SB 1539 requires the Arizona Department of Transportation Motor Vehicle Division (MVD) to license, regulate and establish towing and storage rates for “vehicle relocators” provided the rates are not established by the city or county. Vehicle relocators are defined as persons or entities that are in the business of removing trespassing vehicles from private property to another location and storing the vehicle. The amendment appropriates $497,000 between Fiscal years 2001 and 2003 to MVD from the State Highway Fund and contains a delayed effective date of January 1, 2003.
History
Currently, a vehicle may be towed by mutual agreement between the vehicle owner and the tower, by order of a law enforcement officer if the vehicle is stolen, abandoned or in a condition that poses a hazard to other motorists, or by agreement between a private property owner and a tower if the vehicle is considered a “trespassing” vehicle and is parked on private property without authorization from the property owner. SB 1539 attempts to license and regulate towers who are in the business of contracting with private property owners to remove trespassing vehicles (vehicle relocaters). Presently, Illinois regulates this type of towing activity through the state Commerce Commission pursuant to the Illinois Commercial Relocation of Trespassing Vehicles law.
Currently, towers are regulated by the local jurisdictions in which they operate. Cities, towns and counties have the authority 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 vehicle by any private towing carriers doing business within its boundaries. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the city or town for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located within the boundaries of the city or town. This authority also includes regulation of signage pertaining to parking restrictions, including telephone numbers and addresses where vehicles are stored. Consequently, rates may vary between jurisdictions, and if a jurisdiction has not established towing and storage rates, the towing company may set the rates at the level they choose
In the case of private property tows ordered by the property owner, the rates for the tow and storage may or may not be established by the local jurisdiction. However, the vehicle owner is under no requirement of law to pay for the costs of towing and storage when claiming the vehicle. If the vehicle owner chooses not to pay, the tower must release the vehicle and attempt to recover costs at a later date through other means.
Provisions
MVD Duties
§ MVD is required to issue vehicle relocater licenses and regulate vehicle relocater beginning January 1, 2003; to adopt rules necessary to administer the regulation of vehicle relocators and to set rates for commercial towing, storage and other services provided by vehicle relocators provided these rates are not established by the city or county.
§ The Division is also authorized to set fees for licensing vehicle relocators, including fees for criminal history checks conducted as a condition of licensure.
§ MVD is required to establish procedures for vehicle relocators to electronically transmit information to MVD regarding vehicles that are in the relocator’s possession for at least five days. Based on information in MVD’s records, the Division must send notice to all persons having an ownership interest in the vehicle.
Licensure Requirements
§ Vehicle relocators are required to apply for a license as prescribed by MVD and submit a full set of fingerprints for the purpose of obtaining a state and federal criminal records check. The fingerprint requirement will also apply when the relocator adds a partner, officer, agent, director or stockholder to the business or the license.
§ An applicant may be denied a vehicle relocator license if:
1. The applicant made a misrepresentation, omission, or misstatement to conceal information that may have caused the application to be denied. In this case, the applicant is ineligible to re-apply for twelve months.
2. The applicant has been convicted of fraud or an auto related felony within the previous ten years.
3. The applicant has been convicted of a felony within the previous five years.
4. The applicant does not meet other requirements of law or rule currently in effect.
5. The applicant has had a similar license suspended, revoked or cancelled in this or another state.
§ If an applicant for a vehicle relocator license is ineligible to be licensed as a result of the criminal records check, the Director must issue the denial in writing and provide the applicant with an opportunity for an administrative hearing to determine whether to issue or deny the application.
Vehicle Relocator Business Requirements
§ A vehicle relocator must have an established place of business and license to operate. The license must be posted in the relocator’s place of business, in each branch office, and copies must be carried in the tow vehicle.
§ The Director shall require a bond of at least $20,000 but not more than $100,000 that is executed by a surety company in this state and inures to the benefit of a person who suffers a loss caused by the licensee. In addition, the vehicle relocator must have an insurance policy that conforms to the following conditions:
1. $100,000 to $300,000 for injury to any one person.
2. $$300,000 to $1M for any one accident.
3. $50,000 to $100,000 for accidents causing property damage.
4. $15,000 to $50,000 for damages to a vehicle.
§ The bond cannot be cancelled without 60 days prior notice to the director, and a company authorized to conduct business in Arizona must write the insurance policy. Insurance coverage is required to remain effective until cancelled.
§ If the Director determines the bond to be insufficient or discharged and the licensee does not supply a bond meeting statutory requirements, the Director may suspend or cancel the license.
§ Vehicle relocators must maintain records containing information regarding each vehicle removed by the relocator. Records must be kept for a period of three years and are subject to inspection by the Department, or any law enforcement agency during regular business hours. If the relocator refuses to display the records, the penalty is a class one misdemeanor.
§ Every vehicle relocator must erect and maintain signs in English and Spanish at each place of business that indicate the business of a vehicle relocator is conducted from the premises.
§ If a vehicle relocator changes the business location or business hours, the relocator must notify the Director of the change, and in the case of a change in location, must receive the Director’s consent.
Administrative Remedies and Sanctions
§ Civil penalties may be imposed by MVD against licensed and unlicensed vehicle relocators following a hearing for violations and failure to comply with cease and desist orders. The civil penalties range from $1000 to $3000.
§ The Director may also serve a licensed or unlicensed vehicle relocator with a “cease and desist” order. This order requires the person to cease an activity that the Director has reasonable cause to believe is unlawful. The person must either comply with the order or request a hearing. If the person does not comply with the order, the Director may take action against the relocator.
§ The Director is authorized to conduct hearings regarding the enforcement of any law that pertains to licensed or unlicensed vehicle relocators, take testimony and conduct investigations. All decisions of the Director are subject to judicial review.
§ In addition to all other remedies available, the Director may utilize the superior court to enjoin a licensee from continuing an activity if the Director has reasonable grounds to believe that a licensee is violating a law or rule of this state.
Vehicle Relocation Procedures and Prohibitions
§ A vehicle relocator is prohibited from:
1. Removing vehicles from private property without first obtaining written authorization from the property owner.
2. Charging or otherwise collecting from the property owner any fees that is contrary to the terms of the contract between the relocator and the property owner.
3. Removing a vehicle when the vehicle owner is present or if the owner arrives at any time before the vehicle is removed from the property. A fee cannot be assessed to the vehicle owner in this case.
4. Tow a vehicle if the property is not properly signed.
5. Removing the vehicle without prior and complete notification to the appropriate law enforcement agency.
6. Impose any charges for service or storage other than the set rates.
7. Impose storage charges for the first twenty-four hours after vehicle removal.
8. Fail to post signage in English and Spanish of the nearest office where complaints may filed.
9. Fail to make available in written form the statutes and rules governing vehicle relocators.
10. Use drivers or other personnel who are not employees of the relocator.
11. Violating a law or administrative rule governing vehicle relocators.
Property Owner Requirements
§ Property owners are prohibited from removing or contracting with vehicle relocators to remove vehicles from private property unless appropriate signage in English and Spanish is posted containing the following information:
1. Parking restrictions
2. Disposition of vehicles violating parking restrictions
3. Maximum costs to the violator.
4. Telephone number and address of where the vehicle was relocated.
§ For residential property that has less than four housing units, express notice is not required based on circumstances and the surrounding area if the parking area is clearly reserved or intended for use by the residents.
§ The Department is authorized to inspect all signs used to comply with vehicle relocation provisions. The inspection may be at the request of the property owner or the vehicle relocator. The Director is required to adopt rules pertaining to sign inspections.
Towing and Storage Rates
§ Cities, towns and counties are not preempted from setting maximum rates for towing and storage of relocated vehicles. If the city, town or county does not set the rates, then the state rate set by administrative rule applies.
§ Vehicle relocators must clearly post in both English and Spanish the dollar amounts of the authorized rates for relocating vehicles from private property. The signage shall be posted and contain information as prescribed by the department.
Vehicle Release; Vehicle Relocator Remedies and Dispute Resolution
§ The vehicle owner is required to either pay for the towing and storage costs at the time the owner claims the vehicle, or make satisfactory arrangements with the relocator to pay the charges.
§ If the owner fails to pay the relocator for the towing and storage costs, the relocator may file a request with MVD to refuse to renew the registration of the vehicle until the towing and storage costs are paid.
§ If the vehicle owner disputes any action or fees imposed by the vehicle relocator, the vehicle owner may submit a written request for a hearing to the Director within thirty days of the date the vehicle was relocated.
Appropriation and Vehicle Relocator Fund
§ Appropriates $497,000 between fiscal years 2001 and 2003 to MVD from the State Highway Fund (SHF) for the purpose of licensing regulating vehicle relocators.
§ Fees collected for licensing vehicle relocators are to be deposited into the “vehicle relocator fund”
§ Subject to legislative appropriation, the fund is to be used by MVD to administer licensing and regulation of vehicle relocators.
§ Ten percent of the vehicle relocator licensing fees are to be deposited into the SHF for the purposes of repaying the SHF for the appropriation to implement this act.
Miscellaneous Provisions
§ Defines “dispatcher,” “operator,” and “ vehicle relocator.”
§ Specifies that this act does not affect or change regulations pertaining to orders by a law enforcement officer to tow a vehicle.
§ These provisions do not limit States those current civil and criminal liabilities for acts and omissions by any person, nor is the vehicle owner’s civil or criminal liability for trespass limited or altered. Penalties accruing pursuant to this article are cumulative.
§ Establishes an effective date of January 1, 2003.
§ Makes technical and conforming changes.
