Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0063.02 Jery Payne x2157
HOUSE BILL 22-1314
House Committees Senate Committees
Business Affairs & Labor
Appropriations
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, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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
HOUSE
Amended 2nd Reading
April 28, 2022
HOUSE SPONSORSHIP
Ricks and Hooton,
SENATE SPONSORSHIP
Gonzales and Sonnenberg,
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. bill clarifies that the carrier is deemed to have complied if:
! The carrier gave the location of the storage facility to law
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
1314
-2- park;
! Upon request, provide evidence of the carrier's insurance
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
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-3- nonconsensual tow, retain the information in their records for 3 years, and
produce the records within 48 hours upon request.
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)(I)(D), (3)(c)(II), and (4) introductory3
portion; and 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 his6
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
1314-4- AUTHORIZATION FOR THE TOW ; OR1
(B) T
HE OPERATOR MADE TWO OR MORE ATTEMPTS , WITHIN THE2
THIRTY MINUTES REQUIRED IN SUBSECTION (2)(a)(I) OF THIS SECTION, TO3
NOTIFY THE RESPONSIBLE LAW ENFORCEMENT AGENCY BUT WAS4
UNSUCCESSFUL FOR REASONS BEYOND THE CONTROL OF THE OPERATOR .5
(b) Upon such notification
RECEIVING THE NOTICE REQUIRED IN6
SUBSECTION (2)(a) OF THIS SECTION, the law enforcement agency that7
receives such THE notice shall:8
(I) Assign the vehicle a tow report number immediately;9
(II) shall Enter the vehicle and the fact that it has been towed in10
the Colorado crime information center computer system; and11
(III) shall Ascertain, if possible, whether or not the vehicle has12
been reported stolen, and, if so, reported, such THE agency shall:13
(A) Recover and secure the motor vehicle;14
(B) and Notify its rightful owner; and15
(C) Terminate the abandonment proceedings under this part 21.16
(c) Upon the release of the vehicle to the owner or lienholder, the17
operator shall notify the responsible law enforcement agent, who shall18
adjust or delete the entry in the Colorado crime information center19
computer system. The responsible law enforcement agency and operator20
shall have the right to recover from the owner their reasonable fees for21
recovering and securing the vehicle. Nothing in this section shall be22
construed to authorize AUTHORIZES fees for services that were not23
provided or that were provided by another person or entity.24
(3) (a) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS25
BEEN TOWED, an operator shall no less than two days, but no more than
26
ten days after a motor vehicle has been towed or abandoned, report such27
1314
-5- THE motor vehicle tow to the department by first-class or certified mail,1
by personal delivery, or by internet communication. which THE report2
shall MUST be on a form prescribed and supplied by the department.3
(c) (I) (A) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE4
HAS BEEN TOWED, an operator or its agent shall no less than two days, but
5
no more than ten days after a motor vehicle has been towed or abandoned,6
determine who the owner is and if WHETHER there is a lienholder and7
send NOTIFY THE OWNER AND ANY LIENHOLDER BY SENDING a notice8
by certified mail, return receipt requested, to the address of the owner and9
any lienholder as determined from records of the department or from the10
national search performed by the department
IN ACCORDANCE WITH11
SUBSECTION (3)(c)(IV) OF THIS SECTION.
AN OPERATOR SHOULD WAIT12
TWENTY-FOUR HOURS AFTER THE TOW TO NOTIFY THE OWNER AND ANY13
LIENHOLDER AND SEND THE NOTICE AS SOON AS REASONABLY PRACTICAL14
AFTER THE TWENTY-FOUR HOURS. AN OPERATOR SHALL NOT CHARGE15
MORE THAN SEVENTY-FIVE DOLLARS TO SEND THE NOTICE.16
(D) The cost of complying with this paragraph (c) SUBSECTION17
(3)(c) is a cost of towing. except that the total of all costs of complying18
with this section shall not exceed one hundred fifty dollars. The tow19
operator shall send the notice to the owner and lienholder within five days20
after receiving the information from the department IN ACCORDANCE WITH21
SUBSECTION (3)(c)(I)(A) OF THIS SECTION.22
(II) The operator shall IS not be entitled to recover any daily23
storage fees from the day the vehicle is towed until the day the
OPERATOR24
SENDS THE owner and ANY lienholder are notified, unless the operator
25
reasonably attempts to notify the owner and lienholder by the date26
specified in subparagraph (I) of this paragraph (c). Sending a notice by27
1314
-6- certified mail, return receipt requested, to the owner and the lienholder as1
represented in department records shall be deemed a reasonable attempt2
to notify the owner and the lienholder. Failure to notify the owner and the3
lienholder due to the receipt of erroneous information from the4
department shall not cause the loss of such storage fees accrued from the5
date the vehicle is towed until the owner and the lienholder receive such6
notice THE NOTICE REQUIRED IN SUBSECTION (3)(c)(I) OF THIS SECTION.7
(4) Within three days after the receipt of the records set forth in8
subsection (3)(c) of this section from the department, the operator shall9
notify by certified mail the owner of record, including an out-of-state10
owner of record. The operator shall make a reasonable effort to ascertain11
the address of the owner of record. The notice must contain the following12
information:13
(b) The claim of any lien under section 42-4-2105;14
SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend15
(1)(a) and (4) as follows:16
42-4-2104. Appraisal of abandoned motor vehicles - sale.17
(1) (a) TO SELL A motor vehicles that are VEHICLE THAT WAS abandoned18
on private property, shall be appraised and sold by the operator MUST19
SELL THE MOTOR VEHICLE in a commercially reasonable manner at a20
public or private sale held not less than thirty days nor more than sixty21
days after the postmarked date the notice was mailed pursuant to section22
42-4-2103 (4) or the date the operator receives notice that no record exists23
for such vehicle. Such sale shall be made THE OPERATOR MUST MAKE THE24
SALE to a licensed motor vehicle dealer or wholesaler, or wholesale motor25
vehicle auction dealer, or through a classified newspaper advertisement26
published in Colorado. THE APPRAISAL MUST BE PERFORMED BY AN27
1314
-7- INDEPENDENT THIRD PERSON. For purposes of this section, a sale shall not1
be considered IS NOT commercially reasonable if: 2
(I) The vehicle's appraisal value is more than three hundred fifty3
dollars and the vehicle is sold to an officer or partner of the operator that4
has possession of the vehicle or to any other person with a proprietary5
interest in such THE operator; OR6
(II) THE OPERATOR FAILS TO SET THE SALE PRICE AT THE TIME OF7
SALE, LIST THE FAIR MARKET PRICE AT THE TIME OF SALE, OR REPORT THE8
SALE; OR REPORT THE SALE PRICE TO THE DEPARTMENT WITHIN FIVE9
BUSINESS DAYS AFTER THE SALE.10
(4) Transferring the title of a motor vehicle to an operator to11
satisfy a debt covered by a lien created pursuant to this part 21 shall12
INCURRED IN TOWING AN ABANDONED VEHICLE IS not be deemed to be the13
sale of a motor vehicle.14
SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend15
(1) and (3) as follows:16
42-4-2105. Liens upon towed motor vehicles. (1) (a) Whenever17
IN ACCORDANCE WITH THE ATTACHMENT SCHEDULE IN SUBSECTION (1)(b)18
OF THIS SECTION, an operator who is registered with the department in19
accordance with subsection (2) of this section recovers, removes, or stores20
a motor vehicle upon instructions from the owner of record
OR any other21
legally
authorized person in control of such THE motor vehicle, or from22
the owner or lessee of real property upon which a motor vehicle is23
illegally parked or such ABANDONED OR THE owner's or lessee's agent24
authorized in writing, such THE operator shall have HAS a possessory lien,25
subject to the provisions of section 42-4-2103 (3), upon such THE motor26
vehicle and its attached accessories, equipment, and personal property for27
1314
-8- all the costs and fees for recovering, towing, and storage as authorized in1
section 42-4-2108. Such THE lien shall be IS a first and prior lien on the2
motor vehicle, and such lien shall be IS satisfied before all other charges3
against such THE motor vehicle. This subsection (1) shall not apply to4
personal property if subsection (3) of this section applies to such personal5
property.6
(b) THE LIEN GRANTED IN SUBSECTION (1)(a) OF THIS SECTION7
ATTACHES TO THE MOTOR VEHICLE IN ACCORDANCE WITH THE FOLLOWING8
SCHEDULE:9
(I) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE10
MOTOR VEHICLE UPON INSTRUCTIONS FROM THE OWNER OF RECORD OR11
ANY OTHER LEGALLY AUTHORIZED PERSON IN CONTROL OF THE MOTOR12
VEHICLE, THE LIEN ATTACHES TO THE MOTOR VEHICLE WHEN THE13
OPERATOR TAKES POSSESSION OF THE MOTOR VEHICLE ; OR14
(II) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE15
MOTOR VEHICLE UPON INSTRUCTIONS OF THE OWNER OR LESSEE OF REAL16
PROPERTY UPON WHICH A MOTOR VEHICLE WAS ILLEGALLY PARKED OR17
ABANDONED OR UPON THE OWNER'S OR LESSEE'S AGENT AUTHORIZED IN18
WRITING, THE LIEN ATTACHES TO THE MOTOR VEHICLE THIRTY DAYS AFTER19
THE POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH20
SECTION 42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE21
THAT NO RECORD EXISTS FOR THE MOTOR VEHICLE .22
(3) If the operator obtains personal property from an abandoned23
vehicle that has been towed pursuant to this part 21 and if the serial or24
identification number of such property has been visibly altered or25
removed, the operator shall not have a lien upon such property and shall26
destroy or discard such property within five days after disposing of such27
1314
-9- THE vehicle pursuant to sections 42-4-2104 and 42-4-2107.1
SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as2
follows:3
42-4-2106. Perfection of lien. The lien provided for in section4
42-4-2105 shall be IS perfected by taking physical possession of the motor5
vehicle and its attached accessories, equipment, or personal property and6
by sending to the department, within ten working days after the time7
possession was taken, a notice containing the information required in the8
report to be made under the provisions of section 42-4-2103. In addition,9
such THE LIEN IS NOT PERFECTED UNTIL THE LIEN ATTACHES IN10
ACCORDANCE WITH THE SCHEDULE DESCRIBED IN SECTION 42-4-210511
(1)(b). THE report shall MUST contain a declaration by the operator that a12
possessory lien is claimed for all past, present, and future charges, up to13
the date of redemption, and that the lien is enforceable and may be14
foreclosed pursuant to the provisions of this part 21.15
SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as16
follows:17
42-4-2107. Sale of abandoned vehicle. (1) A
N OPERATOR MAY18
SELL any motor vehicle and its attached accessories and equipment or19
personal property within or attached to such
THE vehicle that are not20
redeemed by the last-known owner of record or lienholder after such21
owner or lienholder has been sent notice of such lien by the operator shall22
be sold in accordance with the provisions of section 42-4-2104 THE23
NOTICE WAS SENT IN ACCORDANCE WITH SECTION 42-4-2104 (1).24
(2) Within five days after foreclosure of the lien pursuant to this25
section AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE26
WITH SUBSECTION (1) OF THIS SECTION, the operator shall send a notice to27
1314
-10- the law enforcement agency having jurisdiction over the operator. Such1
notice shall THE NOTICE MUST contain a list of personal property found2
within the abandoned vehicle that has an intact serial or identification3
number and such EACH serial or identification number. Such notification4
shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified5
mail, facsimile machine, or personal delivery.6
SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend7
(1), (2) introductory portion, and (2)(c); and repeal (2)(b) as follows:8
42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor9
vehicle, personal property, and attached accessories or equipment under10
the provisions of section 42-4-2104 produces an amount less than or11
equal to the sum of all charges of the operator, who has perfected his or12
her lien, then the operator shall have HAS a valid claim against the owner13
for the full amount of such THE charges, less the amount received upon14
the sale of such motor vehicle. A
N OPERATOR DOES NOT HAVE A VALID15
CLAIM IF THE OPERATOR HAS VIOLATED SECTION 40-10.1-405.16
(b) Failure to register such
A vehicle in accordance with this title17
shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to18
be notified pursuant to this part 21. for the purposes of foreclosure of the19
lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN20
SUBSECTION (1)(a) OF THIS SECTION ARE assessed in the manner provided21
for in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION22
(2)(a) of this section.23
(2) If the sale of any motor vehicle and its attached accessories or24
equipment under the provisions of section 42-4-2104 produces an amount25
greater than the sum of all charges of the operator who has perfected his26
or her THE OPERATOR'S lien:27
1314
-11- (b) Any balance remaining after payment pursuant to paragraphs1
(a) and (a.5) of this subsection (2) shall be forwarded to the department,2
and the department may recover from such balance any taxes, fees, and3
penalties due to it with respect to such motor vehicle. The department4
shall provide a receipt to the operator within seven days after receiving5
the money if the operator provides the department with a postage-paid,6
self-addressed envelope.7
(c) (I) THE OPERATOR SHALL PAY any balance remaining after8
payment pursuant to paragraph (b) of this subsection (2) shall be paid by9
the department: MAKING THE PAYMENT REQUIRED IN SUBSECTION (2)(a.5)10
OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING :11
(A) First, to any lienholder of record as the lienholder's interest12
may appear upon the records of the department;13
(B) Second, to any owner of record as the owner's interest may so14
appear; and15
(C) then THIRD, to any person submitting proof of such THE16
person's interest in such THE motor vehicle upon the application of such17
THE lienholder, owner, or person.18
(II) If such payments are not requested and made within One19
hundred twenty days after the sale of the abandoned motor vehicle, the20
OPERATOR SHALL TRANSFER THE balance, shall be transmitted AFTER21
MAKING THE PAYMENT REQUIRED UNDER SUBSECTIONS (2)(a) TO (2)(c)(I)22
OF THIS SECTION, to the state treasurer, who shall credit the same to the23
highway users tax fund for allocation and expenditure as specified in24
section 43-4-205 (5.5)(e), C.R.S. UNCLAIMED PROPERTY TRUST FUND,25
CREATED IN SECTION 38-13-801, AND DISPOSED OF IN ACCORDANCE WITH26
ARTICLE 13 OF TITLE 38.27
1314
-12- SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend1
(13); and add (1.5), (4.5), and (6.5) as follows:2
40-10.1-101. Definitions. As used in this article 10.1, unless the3
context otherwise requires:4
(1.5) "A
UTHORIZED OR INTERESTED PERSON " MEANS:5
(a) T
HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED6
AGENT OF THE OWNER OF THE VEHICLE ;7
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE8
LIENHOLDER OF THE VEHICLE; OR9
(c)
IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE10
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY11
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE12
COVERAGE ON THE VEHICLE.13
(4.5) "C
OMMON PARKING AREA " MEANS ANY PART OF THE14
FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING , SUCH AS THE15
SIDE OF A STREET OR PARKING SPACES, THAT AN OWNER DOES NOT HAVE16
THE RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING17
FOR PARKING:18
(a) A
CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);19
(b) A
COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);20
(c) A
MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN21
APARTMENT COMPLEX , WITH SEPARATE LIVING QUARTERS THAT ARE22
RENTED OR LEASED SEPARATELY ; OR23
(d) A
MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).24
(6.5) "D
ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO25
UNHOOK A VEHICLE FROM A TOW TRUCK .26
(13) "Nonconsensual towing", or
"nonconsensual tow", "TOWED27
1314
-13- NONCONSENSUALLY ", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT1
CONSENT" means the transportation of a motor vehicle by tow truck FROM2
PRIVATE PROPERTY if such THE transportation is performed without the3
prior consent or authorization of:4
(a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE5
VEHICLE, OR AGENT OF THE OWNER of the motor vehicle;6
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE7
LIENHOLDER, UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF8
REPOSSESSION UNDER A LIEN AGREEMENT ; OR9
(c) I
F THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE10
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY11
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE12
COVERAGE ON THE VEHICLE.13
14
SECTION 8. In Colorado Revised Statutes, 40-10.1-401, amend15
(2) as follows:16
40-10.1-401. Permit requirements. (2) (a) The commission may17
deny an application OR REFUSE TO RENEW A PERMIT under this part 4 of18
a person who has, within the immediately preceding five years, been19
convicted of, or pled guilty or nolo contendere to, a felony OR A20
TOWING-RELATED OFFENSE. The commission may also deny an21
application under this part 4 or refuse to renew the permit of a towing22
carrier based upon a determination that the towing carrier or any of its23
owners, principals, officers, members, partners, or directors has not24
satisfied a civil penalty arising out of any administrative or enforcement25
action brought by the commission.26
(b) THE COMMISSION MAY DENY AN APPLICATION OR REFUSE TO27
1314
-14- RENEW A PERMIT OF A TOWING CARRIER UNDER THIS PART 4 BASED ON A1
DETERMINATION THAT THERE IS GOOD CAUSE TO BELIEVE THE ISSUANCE2
OF OR RENEWAL OF THE PERMIT IS NOT IN THE PUBLIC INTEREST . THE3
DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE WITH4
COMMISSION RULES.5
SECTION 9. In Colorado Revised Statutes, 40-10.1-403, amend6
(5)(a); and add (4)(d)(I)(C), (4)(d)(I)(D), (4)(d)(I)(E), (4)(d)(I)(F),7
(4)(d)(I)(G), (4)(d)(I)(H), and (5)(c) as follows:8
40-10.1-403. Towing task force - creation - rules - repeal.9
(4) (d) (I) By December 1 of each year, the commission shall make a10
report to the house of representatives transportation and local government11
committee, the house of representatives business affairs and labor12
committee, the senate business, labor, and technology committee, and the13
senate transportation and energy committee, or any successor committees.14
The report must:15
(C) INCLUDE THE ANALYSIS REQUIRED IN SUBSECTION (5)(C) OF16
THIS SECTION;17
(D) INCLUDE THE TASK FORCE'S DEFINITION OF CONSENSUAL TOW18
AND NONCONSENSUAL TOW ;19
(E) INCLUDE THE RANGE OF DOLLAR AMOUNTS CONSIDERED WHEN20
SETTING ALL RATES RELATED TO CHARGES BY TOWING CARRIERS FOR21
NONCONSENSUAL TOWS, INCLUDING INFORMATION CONSIDERED FOR THE22
MINIMUM AND MAXIMUM RATES FOR ALL FEES CHARGED, THE FORMULAS23
FOR DETERMINING THE ACTUAL COST AND MARKET RATE FOR THE FINAL24
FEES SET FOR ALL RATES, A SUMMARY OF ANY PUBLIC COMMENT OR25
FEEDBACK PROVIDED RELATED TO THE RATES SET, AND ANY OTHER26
INFORMATION THE TASK FORCE TOOK INTO CONSIDERATION WHEN27
1314
-15- ESTABLISHING ALL RATES;1
(F) INCLUDE THE TIMES, INCLUDING THE SHORTEST, MEAN,2
MEDIAN, MODE, AND LONGEST, TO SETTLE COMPLAINTS MADE TO THE3
COMMISSION;4
(G) INCLUDE THE CATEGORIES OF COMPLAINTS AND THE NUMBER5
OF COMPLAINTS IN EACH CATEGORY ; AND6
(H) INCLUDE A LIST OF THE TOWING CARRIERS THAT HAVE BEEN7
ISSUED A PERMIT, THE NUMBER OF VALID COMPLAINTS AGAINST EACH8
CARRIER, AND THE ACTION TAKEN BY THE COMMISSION IN RESPONSE TO9
EACH VALID COMPLAINT.10
(5) The task force has the following duties and powers:11
(a) To make comprehensive recommendations to the commission12
about the maximum rates that may be charged for the recovery, towing,13
and storage of a vehicle that has been towed without the owner's consent.14
The task force shall make comprehensive recommendations to the15
commission about the maximum rates after July 1, 2022, but no later than16
September 1, 2022 November 1, 2022.17
(c) TO ANALYZE AND MAKE RECOMMENDATIONS TO THE18
COMMISSION ABOUT NONCONSENSUAL TOWING RATES CHARGED TO THE19
PUBLIC. IN ANALYZING NONCONSENSUAL RATES, THE TASK FORCE SHALL20
TAKE INTO ACCOUNT CURRENT CONSENSUAL TOWING MARKET RATES AND21
THEIR RELATIONSHIP TO NONCONSENSUAL TOWING RATES .22
SECTION 10. In Colorado Revised Statutes, add 40-10.1-405,23
40-10.1-406, 40-10.1-407, 40-10.1-408, and 40-10.1-409 as follows:24
40-10.1-405. Nonconsensual tows - rights of owners, operators,25
and lienholders - rules. (1) Towing fees. (a) TOWING CARRIERS SHALL26
PROMINENTLY DISPLAY AT THEIR PLACE OF BUSINESS AND ON ANY27
1314
-16- WEBSITE OF THE TOWING CARRIER THE CURRENT MAXIMUM RATES1
PERMITTED BY RULE OF THE COMMISSION FOR EACH TOW SERVICE2
PROVIDED BY THE TOWING CARRIER. THE SIGN MUST INCLUDE THE3
FOLLOWING STATEMENT: "THE MAXIMUM PERMITTED RATE IS BASED UPON4
RULES OF THE PUBLIC UTILITIES COMMISSION, AND IF THERE ARE5
CONCERNS OR QUESTIONS ABOUT THESE RATES OR THE TOWING CARRIER,6
THEN CALL THE PUBLIC UTILITIES COMMISSION CONSUMER AFFAIRS7
HOTLINE AT 303-894-2070. 8
(b) (I) A TOWING CARRIER SHALL ACCEPT:9
(A) C
ASH;10
(B)
MAJOR CREDIT CARDS; AND11
(C) O
THER FORMS OF PAYMENT REQUIRED BY RULE OF THE12
COMMISSION.13
(II) T
HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT14
QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS15
SUBSECTION
(1)(b).16
(c) A TOWING CARRIER SHALL NOT:17
(I) C
HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD18
DURING WHICH THE TOWING CARRIER DID NOT STORE THE
VEHICLE, BUT19
THE TOWING CARRIER MAY CHARGE A PRORATED FEE FOR ANY PART OF A20
TWENTY-FOUR-HOUR PERIOD THE TOWING CARRIER STORED THE VEHICLE ;21
AND22
(II) C
HARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF23
THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM24
PRIVATE PROPERTY.25
(2) Towing carrier document vehicle's condition and reason26
for tow - adequate illumination. (a) B
EFORE A TOWING CARRIER27
1314
-17- CONNECTS A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT , THE1
TOWING CARRIER SHALL DOCUMENT THE VEHICLE 'S CONDITION AND THE2
REASON FOR THE TOW BY:3
(I) T
AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH4
AT LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT , ONE PHOTOGRAPH5
TAKEN FROM THE REAR, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S6
SIDE, AND ONE PHOTOGRAPH TAKEN FROM THE PASSENGER 'S SIDE. THESE7
PHOTOGRAPHS MUST:8
(A) S
HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;9
(B) H
AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE10
PHOTOGRAPH, MEASURED FROM SIDE TO SIDE; AND11
(C) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND12
PIXELS BY AT LEAST TWO THOUSAND PIXELS .13
(II) T
AKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE14
VEHICLE BEING TOWED WITHOUT CONSENT . THE PHOTOGRAPH MUST:15
(A) S
HOW THE POSITION OF THE VEHICLE IN RELATION TO THE16
REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND17
(B) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND18
PIXELS BY AT LEAST TWO THOUSAND PIXELS .19
(b) U
PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,20
THE TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS21
REQUIRED TO BE TAKEN PURSUANT TO SUBSECTION (2)(a)(I) OR (2)(a)(II)22
OF THIS SECTION.23
(c) (I) A
REBUTTABLE PRESUMPTION THAT A TOWING CARRIER24
DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT :25
(A) T
HE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS26
OF THE VEHICLE'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF27
1314
-18- THIS SECTION; AND1
(B) A
VEHICLE HAS SUFFERED DAMAGE .2
(II) A
TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF3
THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION (2)(b) OF4
THIS SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING5
CARRIER DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE .6
(d) D
URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING7
RELEASED, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH8
STORAGE FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A9
PERSON TO INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM10
STORAGE.11
(3) Authorization and notice required for tows from private12
property. (a) A
TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW13
A VEHICLE FROM PRIVATE PROPERTY UNLESS :14
(I) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A15
LIEN OR SECURITY INTEREST IN THE VEHICLE;16
(II) T
HE REMOVAL IS EXPRESSLY
ORDERED OR AUTHORIZED BY A17
COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR BY18
OPERATION OF LAW;19
(III) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO20
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR21
ROADWAY; OR22
(IV) T
HE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE23
VEHICLE, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE24
TOW, FROM:25
(A) T
HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;26
(B) A
PERSON SUBJECT TO THE "COLORADO COMMON INTEREST27
1314
-19- OWNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY1
IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF2
OPERATION; OR3
(C) A
N AGENT OF A PERSON DESCRIBED IN SUBSECTION4
(3)(a)(IV)(A)
OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE5
TOWING CARRIER DOES NOT QUALIFY AS AN AGENT WITH AUTHORITY TO6
GRANT PERMISSION UNDER THIS SUBSECTION (3)(a).7
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION
(3)(b)(IV) OF THIS8
SECTION, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A9
VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT10
THE TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER11
OR OPERATOR TWENTY-FOUR HOURS' WRITTEN NOTICE, UNLESS:12
(A) T
HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO13
PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER ;14
(B) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A15
LIEN OR SECURITY INTEREST IN THE VEHICLE;16
(C) T
HE REMOVAL IS EXPRESSLY AUTHORIZED BY COURT ORDER OR17
OPERATION OF LAW;
18
(D) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO19
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR20 ROADWAY;21
(E) THE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-120822
(4) OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT23
DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE, AS24
THOSE TERMS ARE DEFINED IN SECTION 42-3-204 (1)(f) AND (1)(g), THAT25
IS CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY26
DAYS;27
1314
-20- (F) THE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A1
DESIGNATED AND MARKED FIRE ZONE ;2
(G) THE VEHICLE IS OCCUPYING WITHOUT PERMISSION OR3
EFFECTIVELY OBSTRUCTING ACCESS TO OR FROM AN INDIVIDUALLY4
DESIGNATED, RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT; OR5
(H) THE VEHICLE IS PARKED WITHOUT DISPLAYING VALID6
AUTHORIZATION IN A PARKING LOT MARKED FOR THE EXCLUSIVE USE OF7
RESIDENTS.8
(II) T
HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE9 THE NOTICE DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION BY10
PLACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE VEHICLE AT11
LEAST TWENTY-FOUR HOURS BEFORE TOWING THE VEHICLE .12
(III) T
HE NOTICE MUST STATE CLEARLY:13
(A) T
HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE14
VEHICLE REMAINS PARKED INAPPROPRIATELY ;15
(B) A
DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS16
CAUSED THE NOTICE TO BE GIVEN;17
(C) T
HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO18
APPROPRIATE PARKING; AND19
(D) T
HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME20
MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE .21
(IV) I
F THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN22
THE SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS23
NOTICES, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE24
NOTICE REQUIRED IN SUBSECTION (3)(b)(I) OF THIS SECTION BEFORE25
TOWING THE VEHICLE.26
(V) F
OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS27
1314
-21- PARKED INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :1
(A) V
IOLATES THE PROCEDURES NECESSARY TO OBTAIN2
AUTHORIZATION TO PARK IN THE LOT OR SPACE ;3
(B) F
AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE4
AGREEMENTS OF THE TENANTS ; OR5
(C) V
IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF6
THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .7
(c) IN ORDER FOR A TOWING CARRIER TO CONDUCT A8
NONCONSENSUAL TOW UNDER SUBSECTION (3)(b)(I)(G) OR (3)(b)(I)(H) OF9
THIS SECTION, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE VISIBLE10
AND FACING THE DRIVER AT EACH ENTRY WAY INTO A PARKING AREA11
INDICATING THAT PARKING SPACES ARE DESIGNATED FOR ONE OR MORE12
SPECIFIED RESIDENTS AND THAT A VEHICLE PARKED WITHOUT13
AUTHORIZATION IS SUBJECT TO BEING TOWED. THE SIGN MUST ALSO14
CONTAIN THE INTERNATIONAL TOWING SYMBOL NO SMALLER THAN FOUR15
INCHES BY FOUR INCHES AND BE PERMANENTLY MOUNTED IN A POSITION16
THAT IS NO LOWER THAN FIVE FEET AND NO HIGHER THAN EIGHT FEET.17
18
(4) Notice, disclosures, and signs. (a) I
N CONNECTION WITH A19
NONCONSENSUAL TOW , THE TOWING CARRIER SHALL PROVIDE , UPON20
REQUEST, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY21
INSURANCE COVERAGE, INCLUDING CARGO LIABILITY COVERAGE, GARAGE22
KEEPER'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE23
LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED PERSON .24
(b) A
TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN25
AT THE ENTRANCE TO THE STORAGE FACILITY HOLDING A26
NONCONSENSUALLY TOWED VEHICLE . THE SIGN MUST:27
1314
-22- (I) STATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND1
HOURS OF OPERATION;2
(II) S
TATE: "A VEHICLE THAT IS NONCONSENSUALLY TOWED FROM3
PRIVATE PROPERTY MAY BE RETRIEVED EVEN IF THE OWNER DOES NOT PAY4
THE TOWING CARRIER'S FEES, BUT THE OWNER STILL OWES THE TOWING5
CARRIER THOSE FEES."6
(III) B
E NO LESS THAN TWO SQUARE FEET IN SIZE;7
(IV) H
AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;8
(V) H
AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH9
THE BACKGROUND ON WHICH THE LETTERS ARE PLACED ; AND10
(VI) B
E PRINTED IN
ENGLISH.11
(c) U
PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN12
AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH13
CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR14
INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL15
TOW.16
(d) U
PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED17
FORMS OF PAYMENT, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN18
ACCORDANCE WITH SUBSECTION
(1)(b) OF THIS SECTION.19
(e) I
F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A20
VEHICLE FROM PRIVATE PROPERTY, THE TOWING CARRIER SHALL GIVE THE21
AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A22
WRITTEN NOTICE OF THE PERSON'S ABILITY TO MAKE A COMPLAINT TO THE23
COMMISSION. THE NOTICE:24
(I) M
UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON25
BOTH THE RECEIPT AND BILL FOR THE TOW; AND26
(II) M
UST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN27
1314
-23- THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL , AS APPLICABLE.1
(f) (I) A
TOWING CARRIER SHALL NOT PERFORM A2
NONCONSENSUAL TOW OF A VEHICLE , OTHER THAN AN ABANDONED3
MOTOR VEHICLE AS DEFINED IN SECTION 42-4-2102 (1), FROM PRIVATE4
PROPERTY NORMALLY USED FOR PARKING UNLESS :5
(A) N
OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE6
VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY7
AND PARKED; AND8
(B) N
OTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE9
REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER 'S EXPENSE WAS10
PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE11
PRIVATE PROPERTY AND PARKED .12
(II) A
PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE13
NOTICE DESCRIBED IN THIS SUBSECTION (4)(f) BY ISSUING EACH TENANT14
A WRITTEN DOCUMENT CONTAINING ANY APPLICABLE PARKING15
REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR16
BEFORE THE PERSON AGREES TO BE A TENANT .17
(III) A TOWING CARRIER THAT ENTERS INTO AN AGREEMENT WITH18
A PROPERTY OWNER TO NONCONSENSUALLY TOW VEHICLES FROM THE19
PROPERTY SHALL POST SIGNS THAT:20
(A) A
RE NO LESS THAN ONE SQUARE FOOT IN SIZE;21
(B) H
AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;22
(C) H
AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND23
ON WHICH THE LETTERS ARE PLACED ;24
(D) S
TATE: "AUTHORIZED PARKING ONLY";25
(E) I
NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING26
CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY ;27
1314
-24- (F) ARE PRINTED IN ENGLISH;1
(G) A
RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY ,2
FACE OUTWARD TOWARD THE STREET , AND ARE VISIBLE PRIOR TO3
ENTERING AND UPON ENTERING THE PRIVATE PROPERTY ;4
(H) A
RE PLACED INSIDE THE AREA USED FOR PARKING , FACE5
TOWARD THE PARKING SPACES , AND, IF THE PRIVATE PROPERTY IS NOT6
PROVIDED FOR RESIDENTIAL PARKING AND HAS MORE THAN TEN7
FREESTANDING LAMPPOSTS ON THE PROPERTY , ARE POSTED ON EACH8
LAMPPOST OR POSTED UPRIGHT NEAR EACH LAMPPOST ;9
(I) A
RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT10
PREVENTS VISIBILITY; AND11
(J) A
RE NOT PLACED HIGHER THAN EIGHT FEET OR LOWER THAN12
THREE FEET FROM THE GROUND SURFACE CLOSEST TO THE SIGN 'S13
PLACEMENT.14
(g) T
HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING15
PHOTOGRAPHS OF THE RELEVANT SIGNS , OF GIVING THE NOTICES AND16
DISCLOSURES REQUIRED IN SUBSECTION (4)(f) OF THIS SECTION FOR THREE17
YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND18
PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT19
OFFICIAL UPON REQUEST.20
(5) No mechanic's liens on vehicle or contents.21
(a) N
OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT22
NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC 'S LIEN23
ON
THE CONTENTS OF THE VEHICLE TO COVER THE COST OF TOWING THE24
VEHICLE.25
(b) I
F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A26
TOWING CARRIER RETURN A VEHICLE OR THE CONTENTS OF A VEHICLE27
1314
-25- THAT WAS TOWED WITHOUT CONSENT WITHIN THIRTY DAYS AFTER THE1
POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH2
SECTION 42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE3
THAT NO RECORD EXISTS FOR THE MOTOR VEHICLE, THE TOWING CARRIER4
SHALL IMMEDIATELY RETRIEVE OR ALLOW THE AUTHORIZED OR5
INTERESTED PERSON TO RETRIEVE THE VEHICLE OR ANY CONTENTS IN6
ACCORDANCE WITH SUBSECTION (6)(a) OF THIS SECTION. THIS SUBSECTION7
(5)(b)
DOES NOT APPLY TO A VEHICLE OR THE CONTENTS OF A VEHICLE IF8
THE VEHICLE OR THE CONTENTS OF THE VEHICLE ARE SUBJECT TO A HOLD9
ORDER ISSUED BY A COURT , DISTRICT ATTORNEY, LAW ENFORCEMENT10
AGENCY, OR PEACE OFFICER.11 (c) FOR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE A12
VEHICLE WITHOUT PAYING THE TOWING CARRIER, THE AUTHORIZED OR13
INTERESTED PERSON MUST SIGN A FORM AFFIRMING THAT THE14
AUTHORIZED OR INTERESTED PERSON OWES THE TOWING CARRIER15
PAYMENT FOR FEES THAT COMPLY WITH THIS ARTICLE 10.1, PART 21 OF16
ARTICLE 4 OF TITLE 42, OR ARTICLE 20 OF TITLE 38. THE TOWING CARRIER17
MAY USE THE FORM TO TAKE REASONABLE ACTIONS TO COLLECT THE18
DEBT, INCLUDING INITIATING A COURT ACTION OR USING A COLLECTION19
AGENCY. THE DEPARTMENT SHALL:20
(I) CREATE THE FORM;21
(II) GIVE THE FORM THE FOLLOWING TITLE: "TOWED VEHICLE22
RELEASE NOTICE: RETRIEVAL WITH PAYMENT OWED"; AND23
(III) PROVIDE THE FORM ON THE PUBLIC UTILITIES COMMISSION24
WEBSITE FOR TOWING CARRIERS TO RETRIEVE AND USE .25
(6) Releasing the vehicle upon request. (a) A
TOWING CARRIER26
SHALL RELEASE A NONCONSENTUALLY TOWED VEHICLE IN ACCORDANCE27
1314
-26- WITH SUBSECTION (5)(b) OF THIS SECTION, REGARDLESS OF WHETHER THE1
AUTHORIZED OR INTERESTED PERSON HAS PAID THE TOWING CARRIER .2
(b) A
TOWING CARRIER
SHALL NOT ASSESS A DROP CHARGE TO3
RELEASE THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW4
TRUCK BUT BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY .5
(c) I
F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON ,6
THE TOWING CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED7 PERSON THAT THE TOWING CARRIER IS REQUIRED TO RELEASE THE VEHICLE8
UPON REQUEST OF THE AUTHORIZED OR INTERESTED PERSON . 9
(d) U
PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON ,10
THE TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE11
VEHICLE IS REMOVED FROM PRIVATE PROPERTY .12
(7) No towing for expired registration. U
NLESS THE TOW IS13
BASED ON AN ORDER GIVEN BY A PEACE OFFICER , A TOWING CARRIER14
SHALL NOT TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR15
LICENSE PLATE OF THE VEHICLE
OR THE RECORD OBTAINED USING THE16
SYSTEM DESCRIBED IN SECTION 42-4-2103 (3)(c)(III) INDICATES THAT THE17
VEHICLE'S REGISTRATION HAS EXPIRED.18
(8) Towing carrier responsibility. F
OR A NONCONSENSUAL TOW ,19
THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF20
THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR21
INTERESTED PERSON.22 (9) Applicability. THIS SECTION DOES NOT APPLY TO:23
(a) A TOW ORDERED BY A PEACE OFFICER OR TECHNICIAN24
DIRECTED BY A PEACE OFFICER IN THE COURSE AND SCOPE OF THE25
OFFICER'S OR TECHNICIAN'S DUTIES; OR26
(b) A TOW FROM A PARKING SPACE THAT SERVES A BUSINESS IF :27
1314
-27- (I) THE PARKING SPACE IS NOT IN A COMMON PARKING AREA; AND1
(II) THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE , AS2
DEFINED IN SECTION 38-22.5-102 (2).3
4
40-10.1-406. Failure to comply. (1) No fees. (a) I F A TOWING5
CARRIER FAILS TO COMPLY WITH THIS ARTICLE 10.1, ARTICLE 20 OF TITLE6
38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42 OR ANY RULE7
PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 21 OF ARTICLE8
4 OF TITLE 42, THE TOWING CARRIER:9
(I) S
HALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE10
SERVICES PERFORMED WITH RESPECT TO THE VEHICLE ; AND11
(II) S
HALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON12
ANY FEES IT COLLECTED WITH RESPECT TO THE VEHICLE .13
(b) I
T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT14
TOWING FEES THAT:15
(I) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND16
(II) T
HE TOWING CARRIER FAILED TO COMPLY WITH SECTION17
40-10.1-405.18
(2) Attorney fees. A
N AUTHORIZED OR INTERESTED PERSON19
SEEKING REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE20
TOWING CARRIER REASONABLE ATTORNEY FEES IF :21
(a) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ;22
(b) A
COURT HOLDS THAT:23
(I) T
HE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE24
10.1,
ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 4225
OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 2126
OF ARTICLE 4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES ,27
1314
-28- INCLUDING ECONOMIC DAMAGES , TO THE VEHICLE OWNER OR1
LIENHOLDER; OR2
(II) T
HE TOWING CARRIER DAMAGED A VEHICLE WHILE3
CONNECTING IT TO A TOWING VEHICLE , WHILE POSSESSING THE VEHICLE,4
OR WHILE RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED5
PERSON; AND6
(c) T
HE AUTHORIZED OR INTERESTED PERSON DEMANDED7
REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER8
REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR9
THE DAMAGES.10
(3) Damages recovered for party in interest. I
N A COURT11
ACTION
ARISING FROM A NONCONSENSUAL TOW, ANY AUTHORIZED OR12
INTERESTED PERSON MAY RECOVER THE DAMAGES SUFFERED BY ANOTHER13
AUTHORIZED OR INTERESTED PERSON FROM A TOWING CARRIER IF THE14
PERSON WHO RECOVERS THE DAMAGES REIMBURSES THE OTHER15
AUTHORIZED OR INTERESTED PERSON FOR THE DAMAGES SUFFERED BY THE16
AUTHORIZED OR INTERESTED PERSON . A COURT MAY ISSUE AN ORDER17
IMPLEMENTING THIS SUBSECTION (3).18
40-10.1-407. Records. (1) A TOWING CARRIER SHALL RECORD19
THE FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW :20
(a) T
HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;21
(b) T
HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND22
TELEPHONE NUMBER OF THE TOWING CARRIER ;23
(c) T
HE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE24
FACILITY USED BY THE TOWING CARRIER ;25
(d) T
HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION26
NUMBER, AND LICENSE PLATE
NUMBER, IF AVAILABLE, OF THE TOWED27
1314
-29- VEHICLE;1
(e) T
HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS2
OF THE TOW, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;3
(f) T
HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND4
SIGNATURE OF THE PERSON AUTHORIZING THE TOW ;5
(g) T
HE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK6
DRIVER;7
(h) A
N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;8
(i) T
HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS9
RELEASED; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO10
SIGN" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN11
THE RELEASE DOCUMENT;
12
(j) T
HE DATE AND TIME OF ANY OF THE FOLLOWING, IF PERFORMED:13
(I) H
OOKING THE VEHICLE TO THE TOW TRUCK ;14
(II) U
NHOOKING THE VEHICLE FROM THE TOW TRUCK ;15
(III) C
OMPLETING THE TOW;16
(IV) N
OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;17
(V) P
LACING THE VEHICLE IN STORAGE; AND18
(VI) R
ELEASING THE TOWED VEHICLE FROM
STORAGE; AND19
(k) ANY OTHER INFORMATION REQUIRED BY RULE OF THE20
COMMISSION.21
(2) A
TOWING CARRIER SHALL RECORD THE INFORMATION22
REQUIRED TO BE RECORDED BY SUBSECTION (1) OF THIS SECTION BEFORE23
THE ACTION TO WHICH IT REFERS IS PERFORMED, UNLESS IMPRACTICABLE24
DUE TO SAFETY CONCERNS. IF THE SAFETY CONCERNS DELAY RECORDING25
THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE26
TOWING CARRIER SHALL RECORD THE INFORMATION AS SOON AS27
1314
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(3) A
TOWING CARRIER SHALL RETAIN THE INFORMATION2
REQUIRED IN SUBSECTION (1) OF THIS SECTION FOR THREE YEARS AFTER3
THE TOW COMMENCED .4
(4) W
ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING5
CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED6
BY SUBSECTION (1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED7
PERSON.8
40-10.1-408. Kickbacks prohibited. A TOWING CARRIER SHALL9
NOT PAY MONEY OR OTHER VALUABLE CONSIDERATION FOR THE10
PRIVILEGE OF NONCONSENSUALLY TOWING VEHICLES .11
40-10.1-409. Violators subject to penalties. (1) A TOWING12
CARRIER THAT VIOLATES THIS PART 4 IS SUBJECT TO THE PENALTIES13
PROVIDED IN SECTION 40-10.1-114.14
(2) A
VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE15
UNDER SECTION 6-1-105 (1)(ooo) AND IS SUBJECT TO ENFORCEMENT BY16
THE ATTORNEY GENERAL 'S OFFICE IN ADDITION TO THE ENFORCEMENT17
DESCRIBED IN THIS SECTION.18SECTION 11. In Colorado Revised Statutes, add 40-10.1-412 as19
follows:20
40-10.1-412. Nonconsensual towing rules. UPON MAKING A21
FINDING THAT A NONCONSENSUAL TOWING PRACTICE HARMS THE PUBLIC22
INTEREST, THE COMMISSION MAY PROMULGATE RULES , AS NECESSARY, TO23
STOP OR CHANGE THE NONCONSENSUAL TOWING PRACTICE THAT HARMS24
THE PUBLIC INTEREST.25
SECTION 12. In Colorado Revised Statutes, 6-1-105, add26
(1)(ooo) as follows:27
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engages in a deceptive trade practice when, in the course of the person's2
business, vocation, or occupation, the person:3
(ooo) V
IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.4
SECTION
13. In Colorado Revised Statutes, amend 38-20-1055
as follows:6
38-20-105. Lien of common carrier. (1) E
XCEPT AS PROVIDED7
IN SUBSECTION (2) OF THIS SECTION, every common carrier of goods or8
passengers who, at the request of the owner of any personal goods,9
carries, conveys, or transports the same from one place to another and10
every other person who safely keeps or stores any personal property at the11
request of the owner or person lawfully in possession thereof shall have
12
OF THE PERSONAL PROPERTY HAS a lien upon all such THE personal13
property for his reasonable charges for the transportation, storage, or14
keeping thereof OF THE PERSONAL PROPERTY and for all reasonable and15
proper advances made thereon by him THE COMMON CARRIER OR16
WAREHOUSE, in accordance with the usage and custom of common17
carriers and warehousemen WAREHOUSES.18
(2) I
N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS19
SECTION DOES NOT GRANT A TOWING CARRIER A LIEN ON
THE20
CONTENTS OF A VEHICLE IF THE VEHICLE WAS TOWED NONCONSENSUALLY ,21
AS DEFINED IN SECTION 40-10.1-101 (13).22
SECTION 14. Appropriation. (1) For the 2022-23 state fiscal23
year, $68,827 is appropriated to the department of regulatory agencies.24
This appropriation is from the general fund. To implement this act, the25
department may use this appropriation as follows:26
(a) $52,342 for use by the public utilities commission for personal27
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will require an additional 0.8 FTE;2
(b) $10,752 for use by the public utilities commission for3
operating expenses; and4
(c) $5,733 for the purchase of vehicle lease services.5
(2) For the 2022-23 state fiscal year, $5,733 is appropriated to the6
department of personnel. This appropriation is from reappropriated funds7
received from the department of regulatory agencies under subsection8
(1)(c) of this section. To implement this act, the department of personnel9
may use this appropriation for vehicle replacement lease/purchase10
services to the department of regulatory agencies.11
SECTION 15. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2022 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
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