Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0063.02 Jery Payne x2157
HOUSE BILL 22-1314
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING THE RIGHTS OF A PERS ON WITH OWNERSHIP INTEREST IN101
A VEHICLE THAT HAS BEEN TOWED FROM PRIVATE PROPERTY102
WITHOUT THE PERSON 'S CONSENT.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law requires a towing carrier (carrier) to notify law
enforcement, within 30 minutes after towing an abandoned vehicle, of the
carrier's name and the storage location and description of the vehicle. The
bill clarifies that the carrier is deemed to have complied if:
! The carrier gave the location of the storage facility to law
HOUSE SPONSORSHIP
Ricks and Hooton,
SENATE SPONSORSHIP
Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. enforcement when obtaining authorization for the tow; or
! The carrier made 2 or more attempts within the 30 minutes
after the tow to notify a law enforcement agency but was
unsuccessful for reasons beyond the control of the carrier.
When a carrier tows a vehicle without the owner's or lienholder's
consent, current law requires the carrier to notify the department of
revenue, the owner, and the lienholder of the tow between 2 and 10 days
after the tow, thus imposing a 2-day waiting period before notification.
The bill repeals this waiting period and instead requires notice within 10
days after the tow. The carrier is authorized to use a telephone to notify
the owner or lienholder. Current law also denies the carrier daily storage
fees if the carrier fails to reasonably notify the owner and lienholder. The
bill forbids daily storage fees until the carrier has sent the required notice
to the owner and lienholder.
The bill requires that carriers that are towing a vehicle from private
property without the owner's, operator's, or lienholder's consent:
! Charge the same fees for tows made without the owner's
consent as the carrier charges for tows made with the
owner's consent. These fees must be filed with the public
utilities commission (PUC) and posted at the carrier's
storage location.
! Accept cash and major credit cards, as defined by rule of
the PUC, and, upon request, disclose the accepted forms of
payment;
! Not charge storage fees for a day on which the carrier did
not store the vehicle;
! Before connecting to a vehicle, photographically document
the vehicle's condition and the reason for the tow. Failure
to produce documentation of the vehicle's condition or the
reason for the tow creates a rebuttable presumption that any
damages to the vehicle were caused by the carrier or that
the tow was not authorized.
! Maintain an area at each storage facility with lighting
adequate to inspect a vehicle for damage;
! Upon demand of the owner, retrieve the vehicle or the
contents of the towed vehicle or allow the owner to retrieve
the vehicle or the contents;
! Obtain authorization from the property owner, leaseholder,
or common interest community within 24 hours before
towing a vehicle from private property;
! Give 24 hours' written notice before removing a vehicle
from a parking spot or the common areas of a
condominium, cooperative, apartment, or mobile home
park;
! Upon request, provide evidence of the carrier's insurance
HB22-1314
-2- coverages;
! Have a sign at storage facilities that states the name,
telephone number, and hours of operation of the carrier's
business;
! Upon request, provide an itemized bill showing each
charge and the rate for each fee that the person has
incurred;
! Give a written notice of the ability to make a complaint to
the PUC;
! To perform a nonconsensual tow, other than for an
abandoned motor vehicle, from private property normally
used for parking, the property owner must have provided
adequate signs communicating the parking regulations that
subject a vehicle to being towed; and
! Unless ordered by a peace officer, not tow a vehicle from
private property because the rear license plate shows the
vehicle registration is expired.
A carrier's mechanic's lien is abolished if the carrier tows a vehicle
from private property without the owner's, operator's, or lienholder's
consent.
If a carrier fails to comply with the provisions of the bill, the
carrier may not charge or retain any fees or charges for the services
performed with respect to the vehicle and must return any fees it collected
with respect to the vehicle. It is an affirmative defense in any action to
collect towing fees that the carrier failed to comply with these provisions.
If a carrier damages a vehicle or violates these provisions in a manner that
causes damages and refuses to reimburse the owner, operator, or
lienholder, the owner or lienholder may recover attorney fees.
The carrier and an owner or lienholder may use mediation to
resolve disputes involving nonconsensual tows. Any mediated agreement
may be submitted to the office of tow hearings (office), which is created
in the bill, and a court, both of which are authorized to enforce the
agreement.
The office is created within the PUC to adjudicate disputes
between carriers and owners or lienholders when a vehicle is towed from
private property without the owner's or lienholder's consent. The office
will employ hearing officers or use administrative law judges to govern
proceedings and to hold hearings to determine whether a carrier violated
the law or caused damages. The office may order carriers to reimburse
owners or lienholders, and this reimbursement may include attorney fees.
The final actions of the office are subject to judicial review in accordance
with the "State Administrative Procedure Act".
Carriers are required to record certain information about each
nonconsensual tow, retain the information in their records for 3 years, and
produce the records within 48 hours upon request.
HB22-1314
-3- A carrier is prohibited from paying money or other valuable
consideration to a landowner or business for the privilege of
nonconsensually towing vehicles.
It is a deceptive trade practice to violate the provisions of the bill,
and the attorney general is responsible for enforcement.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 42-4-2103, amend2
(2), (3)(a), (3)(c)(I)(A), (3)(c)(II), and (4) introductory portion; and3
repeal (4)(b) as follows:4
42-4-2103. Abandonment and nonconsensual towing of motor5
vehicles - private property - rules. (2) (a) (I) Any operator having in his
6
or her possession any POSSESSING A motor vehicle that was abandoned on7
private property shall notify, within thirty minutes, the department, the8
sheriff, or the sheriff's designee, of the county in which the motor vehicle9
is located or the chief of police, or the chief's designee, of the10
municipality in which the motor vehicle is located. T
HE NOTICE MUST11
INCLUDE:12
(A) as to
The name of the operator; and13
(B) The location of the impound lot STORAGE FACILITY where the14
vehicle is located; and15
(C) A description of the abandoned motor vehicle, including the16
make, model, color, and year; the number, issuing state, and expiration17
date of the license plate; and the vehicle identification number.18
(II) A
N OPERATOR IS DEEMED TO HAVE COMPLIED WITH19
SUBSECTION (2)(a)(I) OF THIS SECTION IF:20
(A) T
HE OPERATOR GAVE THE LOCATION OF THE STORAGE21
FACILITY TO THE LAW ENFORCEMENT AGENCY WHEN OBTAINING22
AUTHORIZATION FOR THE TOW ; OR23
HB22-1314-4- (B) THE OPERATOR MADE TWO OR MORE ATTEMPTS , WITHIN THE1
THIRTY MINUTES REQUIRED IN SUBSECTION (2)(a)(I) OF THIS SECTION, TO2
NOTIFY THE RESPONSIBLE LAW ENFORCEMENT AGENCY BUT WAS3
UNSUCCESSFUL FOR REASONS BEYOND THE CONTROL OF THE OPERATOR .4
(b) Upon such notification RECEIVING THE NOTICE REQUIRED IN5
SUBSECTION (2)(a) OF THIS SECTION, the law enforcement agency that6
receives such THE notice shall:7
(I) Assign the vehicle a tow report number immediately;8
(II) shall Enter the vehicle and the fact that it has been towed in9
the Colorado crime information center computer system; and10
(III) shall Ascertain, if possible, whether or not the vehicle has11
been reported stolen, and, if so, reported, such THE agency shall:12
(A) Recover and secure the motor vehicle;13
(B) and Notify its rightful owner; and14
(C) Terminate the abandonment proceedings under this part 21.15
(c) Upon the release of the vehicle to the owner or lienholder, the16
operator shall notify the responsible law enforcement agent, who shall17
adjust or delete the entry in the Colorado crime information center18
computer system. The responsible law enforcement agency and operator19
shall have the right to recover from the owner their reasonable fees for20
recovering and securing the vehicle. Nothing in this section shall be21
construed to authorize AUTHORIZES fees for services that were not22
provided or that were provided by another person or entity.23
(3) (a) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS24
BEEN TOWED, an operator shall no less than two days, but no more than
25
ten days after a motor vehicle has been towed or abandoned, report such26
THE motor vehicle tow to the department by first-class or certified mail,27
HB22-1314
-5- by personal delivery, or by internet communication. which THE report1
shall MUST be on a form prescribed and supplied by the department.2
(c) (I) (A) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE3
HAS BEEN TOWED, an operator or its agent shall no less than two days, but
4
no more than ten days after a motor vehicle has been towed or abandoned,5
determine who the owner is and if WHETHER there is a lienholder and6
send NOTIFY THE OWNER AND ANY LIENHOLDER BY TELEP HONE AND BY7
SENDING a notice by certified mail, return receipt requested, to the address8
of the owner and any lienholder as determined from records of the9
department or from the national search performed by the department
IN10
ACCORDANCE WITH SUBSECTION (3)(c)(IV) OF THIS SECTION.11
(II) The operator shall
IS not be entitled to recover any daily12
storage fees from the day the vehicle is towed until the day the
OPERATOR13
SENDS THE owner and ANY lienholder are notified, unless the operator
14
reasonably attempts to notify the owner and lienholder by the date15
specified in subparagraph (I) of this paragraph (c). Sending a notice by16
certified mail, return receipt requested, to the owner and the lienholder as17
represented in department records shall be deemed a reasonable attempt18
to notify the owner and the lienholder. Failure to notify the owner and the19
lienholder due to the receipt of erroneous information from the20
department shall not cause the loss of such storage fees accrued from the21
date the vehicle is towed until the owner and the lienholder receive such22
notice THE NOTICE REQUIRED IN SUBSECTION (3)(c)(I) OF THIS SECTION.23
(4) Within three days after the receipt of the records set forth in24
subsection (3)(c) of this section from the department, the operator shall25
notify
BY TELEPHONE AND by certified mail the owner of record, including26
an out-of-state owner of record. The operator shall make a reasonable27
HB22-1314
-6- effort to ascertain the address of the owner of record. The notice must1
contain the following information:2
(b) The claim of any lien under section 42-4-2105;3
SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend4
(4) as follows:5
42-4-2104. Appraisal of abandoned motor vehicles - sale.6
(4) Transferring the title of a motor vehicle to an operator to satisfy a7
debt covered by a lien created pursuant to this part 21 shall INCURRED IN8
TOWING AN ABANDONED VEHICLE IS not be deemed to be the sale of a9
motor vehicle.10
SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend11
(1) and (3) as follows:12
42-4-2105. Liens upon towed motor vehicles. (1) Whenever an13
operator who is registered with the department in accordance with14
subsection (2) of this section recovers, removes, or stores a motor vehicle15
upon instructions from the owner of record
OR any other legally16
authorized person in control of such
THE motor vehicle, or from the17
owner or lessee of real property upon which a motor vehicle is illegally18
parked or such owner's or lessee's agent authorized in writing, such THE19
operator shall have HAS a possessory lien, subject to the provisions of20
section 42-4-2103 (3), upon such THE motor vehicle and its attached21
accessories, equipment, and personal property for all the costs and fees22
for recovering, towing, and storage as authorized in section 42-4-2108.23
Such THE lien shall be IS a first and prior lien on the motor vehicle, and24
such lien shall be IS satisfied before all other charges against such THE25
motor vehicle. This subsection (1) shall not apply to personal property if26
subsection (3) of this section applies to such personal property.27
HB22-1314
-7- (3) If the operator obtains personal property from an abandoned1
vehicle that has been towed pursuant to this part 21 and if the serial or2
identification number of such property has been visibly altered or3
removed, the operator shall not have a lien upon such property and shall4
destroy or discard such property within five days after disposing of such5
THE vehicle pursuant to sections 42-4-2104 and 42-4-2107.6
SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as7
follows:8
42-4-2106. Perfection of lien. The lien provided for in section9
42-4-2105 shall be IS perfected by taking physical possession of the motor10
vehicle and its attached accessories, equipment, or personal property and11
by sending to the department, within ten working days after the time12
possession was taken, a notice containing the information required in the13
report to be made under the provisions of section 42-4-2103. In addition,14
such THE report shall MUST contain a declaration by the operator that a15
possessory lien is claimed for all past, present, and future charges, up to16
the date of redemption, and that the lien is enforceable and may be17
foreclosed pursuant to the provisions of this part 21.18
SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as19
follows:20
42-4-2107. Sale of abandoned vehicle. (1) A
N OPERATOR MAY21
SELL any motor vehicle and its attached accessories and equipment or22
personal property within or attached to such
THE vehicle that are not23
redeemed by the last-known owner of record or lienholder after such24
owner or lienholder has been sent notice of such lien by the operator shall25
be sold in accordance with the provisions of section 42-4-2104 THE26
NOTICE WAS SENT IN ACCORDANCE WITH SECTION 42-4-2104 (1).27
HB22-1314
-8- (2) Within five days after foreclosure of the lien pursuant to this1
section AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE2
WITH SUBSECTION (1) OF THIS SECTION, the operator shall send a notice to3
the law enforcement agency having jurisdiction over the operator. Such4
notice shall THE NOTICE MUST contain a list of personal property found5
within the abandoned vehicle that has an intact serial or identification6
number and such EACH serial or identification number. Such notification7
shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified8
mail, facsimile machine, or personal delivery.9
SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend10
(1) as follows:11
42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor12
vehicle, personal property, and attached accessories or equipment under13
the provisions of section 42-4-2104 produces an amount less than or14
equal to the sum of all charges of the operator, who has perfected his or15
her lien, then the operator shall have HAS a valid claim against the owner16
for the full amount of such THE charges, less the amount received upon17
the sale of such motor vehicle. A
N OPERATOR DOES NOT HAVE A VALID18
CLAIM IF THE OPERATOR HAS VIOLATED SECTION 40-10.1-405.19
(b) Failure to register such
A vehicle in accordance with this title20
shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to21
be notified pursuant to this part 21. for the purposes of foreclosure of the22
lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN23
SUBSECTION (1)(a) OF THIS SECTION ARE assessed in the manner provided24
for in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION25
(2)(a) of this section.26
SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend27
HB22-1314
-9- (13); and add (1.5), (4.5), (6.5), and (13.5) as follows:1
40-10.1-101. Definitions. As used in this article 10.1, unless the2
context otherwise requires:3
(1.5) "A
UTHORIZED OR INTERESTED PERSON " MEANS:4
(a) T
HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED5
AGENT OF THE OWNER OF THE VEHICLE ;6
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE7
LIENHOLDER OF THE VEHICLE; OR8
(c)
IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE9
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY10
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE11
COVERAGE ON THE VEHICLE.12
(4.5) "C
OMMON PARKING AREA " MEANS ANY PART OF THE13
FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING , SUCH AS THE14
SIDE OF A STREET OR PARKING SPACES, THAT AN OWNER DOES NOT HAVE15
THE RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING16
FOR PARKING:17
(a) A
CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);18
(b) A
COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);19
(c) A
MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN20
APARTMENT COMPLEX , WITH SEPARATE LIVING QUARTERS THAT ARE21
RENTED OR LEASED SEPARATELY ; OR22
(d) A
MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).23
(6.5) "D
ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO24
UNHOOK A VEHICLE FROM A TOW TRUCK .25
(13) "Nonconsensual towing", or
"nonconsensual tow", "TOWED26
NONCONSENSUALLY ", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT27
HB22-1314
-10- CONSENT" means the transportation of a motor vehicle by tow truck FROM1
PRIVATE PROPERTY if such THE transportation is performed without the2
prior consent or authorization of:3
(a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE4
VEHICLE, OR AGENT OF THE OWNER of the motor vehicle;5
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE6
LIENHOLDER, UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF7
REPOSSESSION UNDER A LIEN AGREEMENT ; OR8
(c) I
F THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE9
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY10
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE11
COVERAGE ON THE VEHICLE.12
(13.5) "O
FFICE" MEANS THE OFFICE OF TOW HEARINGS CREATED IN13
SECTION 40-10.1-407.14
SECTION 8. In Colorado Revised Statutes, add 40-10.1-405,15
40-10.1-406, 40-10.1-407, 40-10.1-408, 40-10.1-409, 40-10.1-410, and16
40-10.1-411 as follows:17
40-10.1-405. Nonconsensual tows - rights of owners, operators,18
and lienholders - rules. (1) Towing fees. (a) (I) F
OR A VEHICLE TOWED19
WITHOUT CONSENT, A TOWING CARRIER SHALL NOT CHARGE THE20
AUTHORIZED OR INTERESTED PERSON RATES THAT EXCEED THE RATES21
THAT THE TOWING CARRIER CHARGES , INCLUDING ANY DISCOUNTS, FOR A22
VEHICLE TOWED WITH THE OWNER 'S CONSENT. THESE RATES INCLUDE THE23
BASE RATE FOR TOWING THE VEHICLE , MILEAGE CHARGES , FUEL24
SURCHARGES, STORAGE CHARGES, AND RELEASE CHARGES.25
(II) T
HIS SUBSECTION (1)(a) DOES NOT APPLY TO AN ACTION26
REQUIRED TO BE PERFORMED UNDER PART 18 OR 21 OF ARTICLE 4 OF TITLE27
HB22-1314
-11- 42 FOR WHICH, WHEN A VEHICLE IS TOWED WITH THE OWNER 'S CONSENT,1
THE OWNER IS NOT CHARGED.2
(b) A
TOWING CARRIER SHALL ANNUALLY FILE WITH THE3
COMMISSION A SCHEDULE OF RATES THAT THE TOWING CARRIER CHARGES4
FOR EACH SERVICE PROVIDED FOR VEHICLES TOWED WITH THE OWNER 'S5
CONSENT AND VEHICLES TOWED WITHOUT CONSENT . THE TOWING CARRIER6
SHALL POST AT A CONSPICUOUSLY VISIBLE SPACE WHERE PAYMENTS ARE7
MADE THE RATES REQUIRED TO BE FILED WITH THE COMMISSION ON A SIGN8
THAT HAS LETTERS:9
(I) A
T LEAST ONE AND ONE-HALF INCHES IN HEIGHT AND AT LEAST10
ONE INCH IN WIDTH; AND11
(II) T
HAT CONTRAST WITH THE BACKGROUND ON WHICH THE12
LETTERS ARE PLACED.13
(c) (I) A
TOWING CARRIER SHALL ACCEPT:14
(A) C
ASH;15
(B)
MAJOR CREDIT CARDS; AND16
(C) O
THER FORMS OF PAYMENT REQUIRED BY RULE OF THE17
COMMISSION.18
(II) T
HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT19
QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS20
SUBSECTION (1)(c).21
(d) A
TOWING CARRIER SHALL NOT:22
(I) C
HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD23
DURING WHICH THE TOWING CARRIER DID NOT STORE THE VEHICLE ; AND24
(II) C
HARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF25
THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM26
PRIVATE PROPERTY.27
HB22-1314
-12- (2) Towing carrier document vehicle's condition and reason1
for tow - adequate illumination. (a) B
EFORE A TOWING CARRIER2
CONNECTS A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT , THE3
TOWING CARRIER SHALL DOCUMENT THE VEHICLE 'S CONDITION AND THE4
REASON FOR THE TOW BY:5
(I) T
AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH6
AT LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT , ONE PHOTOGRAPH7
TAKEN FROM THE REAR, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S8
SIDE, AND ONE PHOTOGRAPH TAKEN FROM THE PASSENGER 'S SIDE. THESE9
PHOTOGRAPHS MUST:10
(A) S
HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;11
(B) H
AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE12
PHOTOGRAPH, MEASURED FROM SIDE TO SIDE; AND13
(C) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND14
PIXELS BY AT LEAST TWO THOUSAND PIXELS .15
(II) T
AKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE16
VEHICLE BEING TOWED WITHOUT CONSENT . THE PHOTOGRAPH MUST:17
(A) S
HOW THE POSITION OF THE VEHICLE IN RELATION TO THE18
REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND19
(B) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND20
PIXELS BY AT LEAST TWO THOUSAND PIXELS .21
(b) U
PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,22
THE TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS23
REQUIRED TO BE TAKEN PURSUANT TO SUBSECTION (2)(a)(I) OR (2)(a)(II)24
OF THIS SECTION.25
(c) (I) A
REBUTTABLE PRESUMPTION THAT A TOWING CARRIER26
DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT :27
HB22-1314
-13- (A) THE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS1
OF THE VEHICLE'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF2
THIS SECTION; AND3
(B) A
VEHICLE HAS SUFFERED DAMAGE .4
(II) A
TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF5
THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION (2)(b) OF6
THIS SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING7
CARRIER DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE .8
(d) D
URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING9
RELEASED, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH10
STORAGE FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A11
PERSON TO INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM12
STORAGE.13
(3) Authorization and notice required for tows from private14
property. (a) A
TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW15
A VEHICLE FROM PRIVATE PROPERTY UNLESS :16
(I) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A17
LIEN OR SECURITY INTEREST IN THE VEHICLE;18
(II) T
HE REMOVAL IS EXPRESSLY AUTHORIZED BY COURT ORDER OR19
OPERATION OF LAW;20
(III) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO21
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR22
ROADWAY; OR23
(IV) T
HE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE24
VEHICLE, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE25
TOW, FROM:26
(A) T
HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;27
HB22-1314
-14- (B) A PERSON SUBJECT TO THE "COLORADO COMMON INTEREST1
O
WNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY2
IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF3
OPERATION; OR4
(C) A
N AGENT OF A PERSON DESCRIBED IN SUBSECTION5
(3)(a)(IV)(A)
OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE6
TOWING CARRIER DOES NOT QUALIFY AS AN AGENT WITH AUTHORITY TO7
GRANT PERMISSION UNDER THIS SUBSECTION (3)(a).8
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b)(III) OF THIS9
SECTION, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A10
VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT11
THE TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER12
OR OPERATOR TWENTY-FOUR HOURS' WRITTEN NOTICE, UNLESS:13
(A) T
HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO14
PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER ;15
(B) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A16
LIEN OR SECURITY INTEREST IN THE VEHICLE;17
(C) T
HE REMOVAL IS EXPRESSLY AUTHORIZED BY COURT ORDER OR18
OPERATION OF LAW; OR19
(D) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO20
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR21
ROADWAY.22
(II) T
HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE23
THE NOTICE DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION BY:24
(A) T
ELEPHONE; OR25
(B) P
LACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE26
VEHICLE AT LEAST TWENTY-FOUR HOURS BEFORE TOWING THE VEHICLE .27
HB22-1314
-15- (III) THE NOTICE MUST STATE CLEARLY:1
(A) T
HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE2
VEHICLE REMAINS PARKED INAPPROPRIATELY ;3
(B) A
DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS4
CAUSED THE NOTICE TO BE GIVEN;5
(C) T
HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO6
APPROPRIATE PARKING; AND7
(D) T
HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME8
MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE .9
(IV) I
F THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN10
THE SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS11
NOTICES, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE12
NOTICE REQUIRED IN SUBSECTION (3)(b)(I) OF THIS SECTION BEFORE13
TOWING THE VEHICLE.14
(V) F
OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS15
PARKED INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :16
(A) V
IOLATES THE PROCEDURES NECESSARY TO OBTAIN17
AUTHORIZATION TO PARK IN THE LOT OR SPACE ;18
(B) F
AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE19
AGREEMENTS OF THE TENANTS ; OR20
(C) V
IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF21
THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .22
(c) A
N AUTHORIZED OR INTERESTED PERSON MAY SEEK TO23
RECOVER DAMAGES , INCLUDING ECONOMIC DAMAGES , CAUSED BY THE24
TOWING CARRIER FROM THE TOWING CARRIER IN ACCORDANCE WITH25
PROCEDURES SET FORTH IN SECTION 40-10.1-407 IF THE VEHICLE HAS BEEN26
TOWED FROM PRIVATE PROPERTY IN VIOLATION OF THIS SUBSECTION (3).27
HB22-1314
-16- (4) Notice, disclosures, and signs. (a) I N CONNECTION WITH A1
NONCONSENSUAL TOW , THE TOWING CARRIER SHALL PROVIDE , UPON2
REQUEST, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY3
INSURANCE COVERAGE, INCLUDING CARGO LIABILITY COVERAGE, GARAGE4
KEEPER'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE5
LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED PERSON .6
(b) A
TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN7
AT THE ENTRANCE TO THE STORAGE FACILITY HOLDING A8
NONCONSENSUALLY TOWED VEHICLE . THE SIGN MUST:9
(I) S
TATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND10
HOURS OF OPERATION;11
(II) S
TATE: "A VEHICLE THAT IS NONCONSENSUALLY TOWED FROM12
PRIVATE PROPERTY MAY BE RETRIEVED EVEN IF THE OWNER DOES NOT PAY13
THE TOWING CARRIER'S FEES, BUT THE OWNER STILL OWES THE TOWING14
CARRIER THOSE FEES."15
(III) B
E NO LESS THAN TWO SQUARE FEET IN SIZE;16
(IV) H
AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;17
(V) H
AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH18
THE BACKGROUND ON WHICH THE LETTERS ARE PLACED ; AND19
(VI) B
E PRINTED IN ENGLISH AND SPANISH.20
(c) U
PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN21
AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH22
CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR23
INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL24
TOW.25
(d) U
PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED26
FORMS OF PAYMENT, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN27
HB22-1314
-17- ACCORDANCE WITH SUBSECTION (1)(c) OF THIS SECTION.1
(e) I
F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A2
VEHICLE FROM PRIVATE PROPERTY, THE TOWING CARRIER SHALL GIVE THE3
AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A4
WRITTEN NOTICE OF THE PERSON'S ABILITY TO MAKE A COMPLAINT TO THE5
COMMISSION. THE NOTICE:6
(I) M
UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON7
BOTH THE RECEIPT AND BILL FOR THE TOW; AND8
(II) M
UST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN9
THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL , AS APPLICABLE.10
(f) (I) A
TOWING CARRIER SHALL NOT PERFORM A11
NONCONSENSUAL TOW OF A VEHICLE , OTHER THAN AN ABANDONED12
MOTOR VEHICLE AS DEFINED IN SECTION 42-4-2102 (1), FROM PRIVATE13
PROPERTY NORMALLY USED FOR PARKING UNLESS :14
(A) N
OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE15
VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY16
AND PARKED; AND17
(B) N
OTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE18
REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER 'S EXPENSE WAS19
PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE20
PRIVATE PROPERTY AND PARKED .21
(II) A
PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE22
NOTICE DESCRIBED IN THIS SUBSECTION (4)(f) BY ISSUING EACH TENANT23
A WRITTEN DOCUMENT CONTAINI NG ANY APPLICABLE PARKING24
REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR25
BEFORE THE PERSON AGREES TO BE A TENANT AND BY POSTING SIGNS26
THAT:27
HB22-1314
-18- (A) ARE NO LESS THAN ONE SQUARE FOOT IN SIZE;1
(B) H
AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;2
(C) H
AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND3
ON WHICH THE LETTERS ARE PLACED ;4
(D) S
TATE: "AUTHORIZED PARKING ONLY";5
(E) I
NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING6
CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY ;7
(F) A
RE PRINTED IN ENGLISH AND SPANISH;8
(G) A
RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY ,9
FACE OUTWARD TOWARD THE STREET , AND ARE VISIBLE PRIOR TO10
ENTERING AND UPON ENTERING THE PRIVATE PROPERTY ;11
(H) A
RE PLACED INSIDE THE AREA USED FOR PARKING , FACE12
TOWARD THE PARKING SPACES , AND, IF THE PRIVATE PROPERTY IS NOT13
PROVIDED FOR RESIDENTIAL PARKING AND HAS MORE THAN TEN14
FREESTANDING LAMPPOSTS ON THE PROPERTY , ARE POSTED ON EACH15
LAMPPOST OR POSTED UPRIGHT NEAR EACH LAMPPOST ;16
(I) A
RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT17
PREVENTS VISIBILITY; AND18
(J) A
RE NOT PLACED HIGHER THAN EIGHT FEET OR LOWER THAN19
THREE FEET FROM THE GROUND SURFACE CLOSEST TO THE SIGN 'S20
PLACEMENT.21
(g) T
HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING22
PHOTOGRAPHS OF THE RELEVANT SIGNS , OF GIVING THE NOTICES AND23
DISCLOSURES REQUIRED IN SUBSECTION (4)(f) OF THIS SECTION FOR THREE24
YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND25
PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT26
OFFICIAL UPON REQUEST.27
HB22-1314
-19- (5) No mechanic's liens on vehicle or contents.1
(a) N
OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT2
NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC 'S LIEN3
ON THE VEHICLE OR THE CONTENTS OF THE VEHICLE TO COVER THE COST4
OF TOWING THE VEHICLE.5
(b) I
F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A6
TOWING CARRIER RETURN A VEHICLE OR THE CONTENTS OF A VEHICLE7
THAT WAS TOWED WITHOUT CONSENT , THE TOWING CARRIER SHALL8
IMMEDIATELY RETRIEVE OR ALLOW THE AUTHORIZED OR INTERESTED9
PERSON TO RETRIEVE THE VEHICLE OR ANY CONTENTS IN ACCORDANCE10
WITH SUBSECTION (6)(a) OF THIS SECTION. THIS SUBSECTION (5)(b) DOES11
NOT APPLY TO A VEHICLE OR THE CONTENTS OF A VEHICLE IF THE VEHICLE12
OR THE CONTENTS OF THE VEHICLE ARE SUBJECT TO A HOLD ORDER ISSUED13
BY A COURT, DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY , OR PEACE14
OFFICER.15
(6) Releasing the vehicle upon request. (a) A
TOWING CARRIER16
SHALL RELEASE A NONCONSENTUALLY TOWED VEHICLE IN ACCORDANCE17
WITH SUBSECTION (5)(b) OF THIS SECTION, REGARDLESS OF WHETHER THE18
AUTHORIZED OR INTERESTED PERSON HAS PAID THE TOWING CARRIER .19
(b) A
TOWING CARRIER MAY ASSESS A DROP CHARGE TO RELEASE20
THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW TRUCK BUT21
BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY .22
(c) I
F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON ,23
THE TOWING CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED24
PERSON:25
(I) T
HAT THE TOWING CARRIER IS REQUIRED TO RELEASE THE26
VEHICLE IF THE AUTHORIZED OR INTERESTED PERSON PAYS A DROP27
HB22-1314
-20- CHARGE; AND1
(II) O
F THE ACCEPTABLE FORMS OF PAYMENT , INCLUDING THOSE2
REQUIRED IN SUBSECTION (1)(c) OF THIS SECTION.3
(d) U
PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON ,4
THE TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE5
VEHICLE IS REMOVED FROM PRIVATE PROPERTY .6
(7) No towing for expired registration. U
NLESS THE TOW IS7
BASED ON AN ORDER GIVEN BY A PEACE OFFICER , A TOWING CARRIER8
SHALL NOT TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR9
LICENSE PLATE OF THE VEHICLE INDICATES THAT THE VEHICLE 'S10
REGISTRATION HAS EXPIRED.11
(8) Towing carrier responsibility. F
OR A NONCONSENSUAL TOW ,12
THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF13
THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR14
INTERESTED PERSON.15
40-10.1-406. Mediation - when permitted - court actions.16
(1) (a) I
N ANY CONTROVERSY BETWEEN A TOWING CARRIER AND AN17
AUTHORIZED OR INTERESTED PERSON ARISING OUT OF A NONCONSENSUAL18
TOW, THE CONTROVERSY MAY BE SUBMITTED TO MEDIATION BY EITHER19
PARTY BEFORE FILING A LAWSUIT OR INITIATING PROCEEDINGS WITH THE20
OFFICE.21
(b) E
ITHER PARTY TO THE MEDIATION MAY TERMINATE THE22
MEDIATION PROCESS AT ANY TIME WITHOUT PREJUDICE .23
(c) U
PON AGREEMENT OF THE PARTIES TO A MEDIATED24
SETTLEMENT, THE CONTROVERSY IS SUBJECT TO SUBSECTION (2) OF THIS25
SECTION.26
(2) (a) A
MEDIATED SETTLEMENT AGREEMENT , IF ONE IS REACHED,27
HB22-1314
-21- MAY BE PRESENTED TO A COURT , A HEARING OFFICER , OR AN1
ADMINISTRATIVE LAW JUDGE AS A STIPULATION .2
(b) I
F EITHER PARTY SUBSEQUENTLY VIOLATES THE STIPULATION ,3
THE OTHER PARTY MAY APPLY IMMEDIATELY TO A COURT OR THE OFFICE4
FOR RELIEF. THE COURT OR THE OFFICE MAY ISSUE ORDERS ENFORCING5
THE STIPULATIONS.6
40-10.1-407. Office of tow hearings - rules. (1) T
HE OFFICE OF7
TOW HEARINGS IS HEREBY CREATED WITHIN THE COMMISSION , THE HEAD8
OF WHICH IS THE DIRECTOR OF THE OFFICE. THE DIRECTOR SHALL EMPLOY9
HEARING OFFICERS OR USE ADMINISTRATIVE LAW JUDGES TO ADJUDICATE10
DISPUTES BETWEEN TOWING CARRIERS AND AUTHORIZED OR INTERESTED11
PERSONS IN CONNECTION WITH NONCONSENSUALLY TOWED VEHICLES .12
(2) (a) A
N AUTHORIZED OR INTERESTED PERSON WHO SUFFERS13
DAMAGES FROM A NONCONSENSUAL TOW MAY INSTITUTE PROCEEDINGS BY14
FILING A COMPLAINT WITH THE OFFICE AND NOTIFYING THE TOWING15
CARRIER IN WRITING OF THE COMPLAINT , INCLUDING THE CONTENTS OF16
THE COMPLAINT. AN AUTHORIZED OR INTERESTED PERSON MUST FILE THE17
COMPLAINT WITHIN NINETY DAYS AFTER THE LATER OF :18
(I) T
HE DATE THE VEHICLE IS TOWED;19
(II) T
HE DATE THE VEHICLE IS RETURNED TO THE AUTHORIZED OR20
INTERESTED PERSON; OR21
(III) T
HE DATE THE CONTROVERSY IS SETTLED THROUGH22
MEDIATION PURSUANT TO SECTION 40-10.1-406.23
(b) T
HE COMPLAINT NEED ONLY LIST THE ALLEGED VIOLATION AND24
A SHORT SUMMARY OF THE ALLEGED FACTS THAT SUPPORT FINDING A25
VIOLATION.26
(3) T
HE OFFICE SHALL CONDUCT PROCEEDINGS AUTHORIZED BY27
HB22-1314
-22- THIS SECTION IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24.1
(4) (a) H
EARING OFFICERS EMPLOYED BY THE DIRECTOR OF THE2
OFFICE AND ADMINISTRATIVE LAW JUDGES USED BY THE DIRECTOR OF THE3
OFFICE ARE AUTHORIZED TO HOLD HEARINGS TO DETERMINE WHETHER :4
(I) A
TOWING CARRIER HAS FAILED TO COMPLY WITH THIS ARTICLE5
10.1,
ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 426
OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 217
OF ARTICLE 4 OF TITLE 42;8
(II) A
FAILURE DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS9
SECTION CAUSED DAMAGES TO THE VEHICLE OWNER OR LIENHOLDER ; OR10
(III) A
TOWING CARRIER DAMAGED A VEHICLE WHILE CONNECTING11
A TOWING VEHICLE TO THE VEHICLE , POSSESSING THE VEHICLE, OR12
RETURNING THE VEHICLE TO THE AUTHORIZED OR INTERESTED PERSON .13
(b) I
F A HEARING OFFICER OR AN ADMINISTRATIVE LAW JUDGE14
DETERMINES UNDER SUBSECTION (4)(a) OF THIS SECTION THAT THE15
AUTHORIZED OR INTERESTED PERSON IS ENTITLED TO AN AWARD OF16
DAMAGES, THE HEARING OFFICER OR ADMINISTRATIVE LAW JUDGE MAY17
ISSUE AN ORDER REQUIRING THE TOWING CARRIER TO REIMBURSE THE18
AUTHORIZED OR INTERESTED PERSON FOR THE DAMAGES , INCLUDING19
ATTORNEY FEES IF AUTHORIZED PURSUANT TO SECTION 40-10.1-408 (2).20
T
HE HEARING OFFICER OR ADMINISTRATIVE LAW JUDGE MAY MAKE THE21
DETERMINATION BASED ON STIPULATIONS .22
(5) A
FINAL ACTION OF A HEARING OFFICER OR ADMINISTRATIVE23
LAW JUDGE IS SUBJECT TO JUDICIAL REVIEW IN ACCOR DANCE WITH24
SECTION 24-4-106.25
(6) T
HE COMMISSION MAY PROMULGATE RULES TO GOVERN THE26
PROCEEDINGS AUTHORIZED BY THIS SECTION .27
HB22-1314
-23- 40-10.1-408. Failure to comply. (1) No fees. (a) I F A TOWING1
CARRIER FAILS TO COMPLY WITH SECTION 40-10.1-405, THE TOWING2
CARRIER:3
(I) S
HALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE4
SERVICES PERFORMED WITH RESPECT TO THE VEHICLE ; AND5
(II) S
HALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON6
ANY FEES IT COLLECTED WITH RESPECT TO THE VEHICLE .7
(b) I
T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT8
TOWING FEES THAT:9
(I) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND10
(II) T
HE TOWING CARRIER FAILED TO COMPLY WITH SECTION11
40-10.1-405.12
(2) Attorney fees. A
N AUTHORIZED OR INTERESTED PERSON13
SEEKING REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE14
TOWING CARRIER REASONABLE ATTORNEY FEES IF :15
(a) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ;16
(b) A
COURT, ADMINISTRATIVE LAW JUDGE, OR HEARING OFFICER17
HOLDS THAT:18
(I) T
HE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE19
10.1,
ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 4220
OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 2121
OF ARTICLE 4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES ,22
INCLUDING ECONOMIC DAMAGES , TO THE VEHICLE OWNER OR23
LIENHOLDER; OR24
(II) T
HE TOWING CARRIER DAMAGED A VEHICLE WHILE25
CONNECTING IT TO A TOWING VEHICLE , WHILE POSSESSING THE VEHICLE,26
OR WHILE RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED27
HB22-1314
-24- PERSON; AND1
(c) T
HE AUTHORIZED OR INTERESTED PERSON DEMANDED2
REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER3
REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR4
THE DAMAGES.5
(3) Damages recovered for party in interest. I
N A COURT6
ACTION OR ADMINISTRATIVE PROCEEDING ARISING FROM A7
NONCONSENSUAL TOW , ANY AUTHORIZED OR INTERESTED PERSON MAY8
RECOVER THE DAMAGES SUFFERED BY ANOTHER AUTHORIZED OR9
INTERESTED PERSON IF THE PERSON WHO RECOVERS THE DAMAGES10
REIMBURSES THE OTHER AUTHORIZED OR INTERESTED PERSON FOR THE11
DAMAGES SUFFERED BY THE AUTHORIZED OR INTERESTED PERSON . A12
COURT, ADMINISTRATIVE LAW JUDGE, OR HEARING OFFICER MAY ISSUE AN13
ORDER IMPLEMENTING THIS SUBSECTION (3).14
40-10.1-409. Records. (1) A
TOWING CARRIER SHALL RECORD15
THE FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW :16
(a) T
HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;17
(b) T
HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND18
TELEPHONE NUMBER OF THE TOWING CARRIER ;19
(c) T
HE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE20
FACILITY USED BY THE TOWING CARRIER ;21
(d) T
HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION22
NUMBER, AND LICENSE PLATE NUMBER OF THE TOWED VEHICLE ;23
(e) T
HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS24
OF THE TOW, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;25
(f) T
HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND26
SIGNATURE OF THE PERSON AUTHORIZING THE TOW ;27
HB22-1314
-25- (g) THE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK1
DRIVER;2
(h) A
N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;3
(i) T
HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS4
RELEASED; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO5
SIGN" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN6
THE RELEASE DOCUMENT; AND7
(j) T
HE DATE AND TIME OF ANY OF THE FOLLOWING , IF PERFORMED:8
(I) H
OOKING THE VEHICLE TO THE TOW TRUCK ;9
(II) U
NHOOKING THE VEHICLE FROM THE TOW TRUCK ;10
(III) C
OMPLETING THE TOW;11
(IV) N
OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;12
(V) P
LACING THE VEHICLE IN STORAGE; AND13
(VI) R
ELEASING THE TOWED VEHICLE FROM STORAGE .14
(2) A
TOWING CARRIER SHALL RECORD THE INFORMATION15
REQUIRED TO BE RECORDED BY SUBSECTION (1) OF THIS SECTION BEFORE16
THE ACTION TO WHICH IT REFERS IS PERFORMED, UNLESS IMPRACTICABLE17
DUE TO SAFETY CONCERNS. IF THE SAFETY CONCERNS DELAY RECORDING18
THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE19
TOWING CARRIER SHALL RECORD THE INFORMATION AS SOON AS20
REASONABLY POSSIBLE.21
(3) A
TOWING CARRIER SHALL RETAIN THE INFORMATION22
REQUIRED IN SUBSECTION (1) OF THIS SECTION FOR THREE YEARS AFTER23
THE TOW COMMENCED .24
(4) W
ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING25
CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED26
BY SUBSECTION (1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED27
HB22-1314
-26- PERSON.1
40-10.1-410. Kickbacks prohibited. A
TOWING CARRIER SHALL2
NOT PAY MONEY OR OTHER VALUABLE CONSIDERATION TO A LANDOWNER3
OR BUSINESS FOR THE PRIVILEGE OF NONCONSENSUALLY TOWING 4
VEHICLES.5
40-10.1-411. Violators subject to penalties. (1) A
TOWING6
CARRIER THAT VIOLATES THIS PART 4 IS SUBJECT TO THE PENALTIES7
PROVIDED IN SECTION 40-10.1-114.8
(2) A
VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE9
UNDER SECTION 6-1-105 (1)(ooo) AND IS SUBJECT TO ENFORCEMENT BY10
THE ATTORNEY GENERAL 'S OFFICE IN ADDITION TO THE ENFORCEMENT11
DESCRIBED IN THIS SECTION.12
SECTION 9. In Colorado Revised Statutes, 6-1-105, add13
(1)(ooo) as follows:14
6-1-105. Unfair or deceptive trade practices. (1) A person15
engages in a deceptive trade practice when, in the course of the person's16
business, vocation, or occupation, the person:17
(ooo) V
IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.18
SECTION 10. In Colorado Revised Statutes, amend 38-20-10519
as follows:20
38-20-105. Lien of common carrier. (1) E
XCEPT AS PROVIDED21
IN SUBSECTION (2) OF THIS SECTION, every common carrier of goods or22
passengers who, at the request of the owner of any personal goods,23
carries, conveys, or transports the same from one place to another and24
every other person who safely keeps or stores any personal property at the25
request of the owner or person lawfully in possession thereof shall have
26
OF THE PERSONAL PROPERTY HAS a lien upon all such THE personal27
HB22-1314
-27- property for his reasonable charges for the transportation, storage, or1
keeping thereof OF THE PERSONAL PROPERTY and for all reasonable and2
proper advances made thereon by him THE COMMON CARRIER OR3
WAREHOUSE, in accordance with the usage and custom of common4
carriers and warehousemen WAREHOUSES.5
(2) I
N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS6
SECTION DOES NOT GRANT A TOWING CARRIER A LIEN ON A VEHICLE OR7
THE CONTENTS OF A VEHICLE IF THE VEHICLE WAS TOWED8
NONCONSENSUALLY , AS DEFINED IN SECTION 40-10.1-101 (13).9
SECTION 11. Act subject to petition - effective date. This act10
takes effect at 12:01 a.m. on the day following the expiration of the11
ninety-day period after final adjournment of the general assembly; except12
that, if a referendum petition is filed pursuant to section 1 (3) of article V13
of the state constitution against this act or an item, section, or part of this14
act within such period, then the act, item, section, or part will not take15
effect unless approved by the people at the general election to be held in16
November 2022 and, in such case, will take effect on the date of the17
official declaration of the vote thereon by the governor.18
HB22-1314
-28-