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REFERENCE TITLE: towing companies; private towing; requirements |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2269 |
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Introduced by Representative Cook
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An Act
amending section 9-499.05, Arizona Revised Statutes; related to towing companies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499.05, Arizona Revised Statutes, is amended to read:
9-499.05. Authority to set rates for private towing carrier; notice of parking violations; signage violation; registration requirement; civil penalties; definition
A. The governing body of an incorporated city or town may 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. The minimum rate may not be below the state agencies' towing services agreement for towing and storage rates. 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.
B. The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such the parking area is posted with signs as prescribed by this subsection which that are clearly visible and readable from any point within the parking area and at each entrance. Such The signs shall contain, at a minimum, MEET ALL OF the following REQUIREMENTS:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. 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 parking restrictions.
4. Telephone number and address where the violator can locate the violator's vehicle.
1. Be cONSPICUOUSLY VISIBLE to the DRIVER OF A VEHICLE THAT PARKS ON THE PRIVATE PROPERTY.
2. Be cONSTRUCTED OF WEATHER RESISTANT MATERIALS.
3. Be a MINIMUM OF TWELVE INCHES WIDE AND EIGHTEEN INCHES IN HEIGHT AND A MAXIMUM OF eighteen INCHES WIDE AND TWENTY-FOUR INCHES IN HEIGHT.
4. Be located at each area where a vehicle may enter the private property.
5. Be permanently mounted on a post, pole, wall or be permanently affixed in another manner.
6. cONTAIN THE FOLLOWING LANGUAGE:
(a) "UNAUTHORIZED VEHICLES WILL BE TOWED AT OWNER'S EXPENSE".
(b) rEFERENCE section 9-499.05, arizona revised statutes.
(c) a TELEPHONE NUMBER THAT IS MONITORED TWENTY-FOUR HOURS A DAY WHERE THE OWNER OR OPERATOR OF A TOWED VEHICLE MAY LOCATE THE TOWED VEHICLE.
C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such the private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property that has complied with the requirements of subsection B of this section. The owner or the owner's agent shall either sign each towing order or authorize the tow by a written contract which that is valid for a specific length of time. The private towing carrier may not act as the agent of the owner.
D. A person who violates subsection C is guilty of a class 2 misdemeanor.
d. the owner of the private PROPERTY or the owner's agent or the operator of the private towing carrier shall take pictures of all sides of the VEHICLE that is being towed before the vehicle is loaded on the towing vehicle. the pictures shall be made available to the owner of the vehicle or agent of the owner within twenty-four hours after the owner or agent of the owner makes a request for the pictures.
e. Notwithstanding any other law, a private towing carrier shall release a towed vehicle to the owner of record or the agent of the owner. The owner or agent of the owner shall provide both of the FOLLOWING:
1. A Government-issued photo identification.
2. one of the following:
(a) A Valid certificate of title.
(b) Proof of current vehicle registration, not including a restricted use three-day permit.
(c) A repossession affidavit.
(d) A hold harmless liability release.
(e) A proof of lien.
(f) An insurance company request for release pursuant to section 28-4847.
(g) A certified motor vehicle record.
(h) Proof of a security interest or other financial interest in the vehicle that existed at the time of the tow.
f. The private towing carrier may not refuse to release a vehicle to the owner or agent of the owner pursuant to subsection E of this section solely because the owner or agent of the owner presents a government-issued photo IDENTIFICATION that shows a different address than the address shown on the title or registration records for the towed vehicle.
G. A private towing carrier shall provide the owner of a towed vehicle or the agent of the owner with an itemized receipt for the towing services. On request from the owner oR the agent of the owner, the private towing carrier shall provide a copy of this section to the owner or the agent of the owner.
H. A private towing carrier that charges a fee that is greater than the fee posted on the private property where the vehicle was towed may be required to reimburse the owner or agent of the owner for any charges above and beyond the charges posted on the private property where the vehicle was towed.
I. A private towing carrier that violates this section is liable for a civil penalty of two times the towing fees assessed for the removal of the vehicle.
J. A private towing carrier that is engaged in the business of towing VEHICLEs from private property shall do all of the following:
1. register with the department of public safety.
2. MAINTAIN THE APPROPRIATE INSURANCE REQUIRED FOR ENGAGING IN THE BUSINESS OF TOWING AND IMPOUNDING VEHICLES.
3. pROVIDE PROOF OF the INSURANCE REQUIRED PURSUANT TO PARAGRAPH 2 OF THIS SUBSECTION TO THE DEPARTMENT OF PUBLIC SAFETY.
E. k. This section shall apply applies only to services performed while a person is actually engaged in the activities of a private towing carrier.
F. l. The provisions of This section do does not apply to abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.
G. m. For the purposes of this section, "private towing carrier" means any person who that 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.