SB 1059
Initials LM Page 1 Transportation & Infrastructure
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: PD DPA 7-0-0-0 | 3rd Read 24-4-2-0
SB 1059: move over law; study committee
S/E: private towing carriers; violations; rates
Sponsor: Senator Gowan, LD 19
Committee on Transportation & Infrastructure
Summary of the Strike-Everything Amendment to SB1059
Overview
Modifies vehicle towing regulation, including parking signage and private towing carrier.
Mandates that the regulation of towing rates for private towing carriers (carrier) is a matter
of statewide concern. Removes the authority for a governing body of an incorporate city, town
or a county board of supervisors to regulate the rate and charge for towing, transportation or
impounding a motor vehicle from private property.
History
Current statute allows the governing body of an incorporated city, town or a county board of
supervisors 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 carrier 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.
The owner or agent of the owner of the private property 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 which are clearly visible and readable from any
point within the parking area and at each entrance. Such signs must contain, at a minimum:
1) the restrictions on parking;
2) the 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 parking
restrictions; and
4) the telephone number and address where the violator can locate the violator's vehicle.
It is unlawful for a 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 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. A person is
violation is guilty of a class 2 misdemeanor (A.R.S §§ 9-499.05; 11-251.04).
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1059
Initials LM Page 2 Transportation & Infrastructure
Provisions
1. Deletes regulation that allows a governing body of an incorporate city, town or a county
board of supervisors to regulate the rate and charge for towing, transportation or
impounding a motor vehicle from private property, as prescribed. (Sec. 1, 2)
2. States that the regulation of towing rates for carriers is a matter of statewide concern.
(Sec. 1, 2)
3. Exempts the regulation of towing rates for private towing carriers from being subjected
to further regulation by a county, city, town or other political subdivision of this state.
(Sec.1, 2)
4. Requires the rate of towing, transporting, impounding or storing a motor vehicle to be the
rate published in Department of Public Safety tow service agreement for the location from
where the motor vehicle was towed. (Sec. 1, 2)
5. Exempts, from unrestricted parking consent on private property towing requirements, if
a motor vehicle towed from a single-family residence and the owner of the residence or a
tenant at the residence is the party who requested the tow. (Sec. 1)
6. Replaces current requirements on parking signage relating to towing regulation, by
mandating all signs to:
a) be 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) be constructed using weather resistant materials;
c) be a minimum of nine inches wide and 12 inches tall and not more than 12 inches
wide and 18 inches tall;
d) contain:
i. the following language: "Unauthorized vehicles will be towed at the motor vehicle
owner's or operator's expense pursuant to Arizona Revised Statutes section 9-
499.05.";
ii. 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
iii. the towing and storage rate and information on the release of the motor vehicle
through a website link or QR code; and
e) be permanently mounted on a pole, post, permanent wall or permanent barrier. (Sec.
1)
7. Removes the penalty making a person guilty of class 2 misdemeanor for a violation on
towing or transporting a vehicle from a from private property without permission of the
owner of operator of the vehicle as prescribed. (Sec. 1, 2)
8. Requires a carrier, before mechanically connecting a vehicle to a carrier, to document the
nature of the private parking violation using date and time stamped digital photography
or digital video. (Sec. 1)
9. Tasks the carrier with providing all photographic or video images to the owner of the
vehicle to the owner's agent, if requested. (Sec. 1)
10. Stipulates that the photographic evidence must include:
a) images of the vehicle being towed; SB 1059
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b) images of the prescribed signage required, if applicable;
c) images of the entire vehicle taken from all four corners of the vehicle; and
d) images of the vehicle's license plate or vehicle identification number (VIN). (Sec. 1)
11. Directs any person towing a vehicle from private property without permission of the
vehicle's owner of the owner's agent to notify the appropriate law enforcement agency
within one hour after mechanically connecting the vehicle to a carrier. (Sec. 1)
12. Instructs the carrier to provide the appropriate law enforcement agency with:
a) the name and address of the vehicle's owner, if known;
b) the motor vehicle's license plate number and VIN ad a description of the vehicle;
c) the reason for the tow of the vehicle;
d) the street and address of the impound lot where the vehicle will be impounded;
e) the name and address of the carrier that will tow the vehicle and the name of the
person who will tow the vehicle on behalf of the carrier; and
f) a phone number answered 24 hours a day, Seven days a week for the carrier and the
impound lot where the vehicle will be impounded. (Sec. 1)
13. Requires a carrier to release an impounded vehicle to the owner of record of the owner's
agent who pays the charges in a manner consistent with DPS tow service agreement and
who proves ownership of the vehicle by providing a government -issued photo
identification and either:
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 vehicle that
exists at the time of the vehicle tow; or
g) proof of a lien on the vehicle, if applicable. (Sec. 1, 2)
14. Tasks the carrier with providing the vehicle owner with an itemized receipt for services
and, on request, mut provide a copy of this statute to vehicle owner or owner's agent who
reclaims the vehicle. (Sec. 1, 2)
15. Allows a carrier that charges a towing fee greater than the prescribed towing fee to be
ordered to reimburse the vehicle owner for any overcharges or unauthorized charges. (Sec.
1, 2)
16. States that a carrier or parking facility owner that intentionally, knowingly or recklessly
violates towing regulation is liable to the owner of the vehicle and is subjected for
damages equal to tow times the amount of the fees assessed as part of the vehicle's towing
and storage. (Sec. 1, 2)
17. Subjects a person in violation of towing regulation to being guilty of a class 2
misdemeanor. (Sec. 1)
18. Exempts, from towing regulation, agreements entered into between law enforcement
agencies and private towing carriers for law enforcement-initiated towing service. (Sec.
1)
19. Makes technical and conforming changes. (Sec. 1, 2)