Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0063.02 Jery Payne x2157
HOUSE BILL 22-1314
House Committees Senate Committees
Business Affairs & Labor Finance
Appropriations 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
SENATE
Amended 2nd Reading
May 6, 2022
HOUSE
3rd Reading Unamended
April 29, 2022
HOUSE
Amended 2nd Reading
April 28, 2022
HOUSE SPONSORSHIP
Ricks and Hooton, Amabile, Bacon, Bernett, Boesenecker, Cutter, Daugherty, Esgar,
Gonzales-Gutierrez, Herod, Kipp, Lindsay, Lontine, Sirota
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
1314
-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
EXCEPT THAT THE OPERATOR MAY CHARGE FOR THE FIRST TWENTY -FOUR8
HOURS OF STORAGE IN ACCORDANCE WITH SECTION 40-10.1-405 (1)(c)(I).9
(4) Within three days after the receipt of the records set forth in10
subsection (3)(c) of this section from the department, the operator shall11
notify by certified mail the owner of record, including an out-of-state12
owner of record. The operator shall make a reasonable effort to ascertain13
the address of the owner of record. The notice must contain the following14
information:15
(b) The claim of any lien under section 42-4-2105;16
SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend17
(1)(a) and (4) as follows:18
42-4-2104. Appraisal of abandoned motor vehicles - sale.19
(1) (a) TO SELL A motor vehicles that are VEHICLE THAT WAS abandoned20
on private property, shall be appraised and sold by the operator MUST21
SELL THE MOTOR VEHICLE in a commercially reasonable manner at a22
public or private sale held not less than thirty days nor more than sixty23
days after the postmarked date the notice was mailed pursuant to section24
42-4-2103 (4) or the date the operator receives notice that no record exists25
for such vehicle. Such sale shall be made THE OPERATOR MUST MAKE THE26
SALE to a licensed motor vehicle dealer or wholesaler, or wholesale motor27
1314
-7- vehicle auction dealer, or through a classified newspaper advertisement1
published in Colorado. THE APPRAISAL MUST BE PERFORMED BY AN2
INDEPENDENT THIRD PERSON. For purposes of this section, a sale shall not3
be considered IS NOT commercially reasonable if: 4
(I) The vehicle's appraisal value is more than three hundred fifty5
dollars and the vehicle is sold to an officer or partner of the operator that6
has possession of the vehicle or to any other person with a proprietary7
interest in such THE operator; OR8
(II) THE OPERATOR FAILS TO SET THE SALE PRICE AT THE TIME OF9
SALE, LIST THE FAIR MARKET PRICE AT THE TIME OF SALE, OR REPORT THE10
SALE; OR REPORT THE SALE PRICE TO THE DEPARTMENT WITHIN FIVE11
BUSINESS DAYS AFTER THE SALE.12
(4) Transferring the title of a motor vehicle to an operator to13
satisfy a debt covered by a lien created pursuant to this part 21 shall14
INCURRED IN TOWING AN ABANDONED VEHICLE IS not be deemed to be the15
sale of a motor vehicle.16
SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend17
(1) and (3) as follows:18
42-4-2105. Liens upon towed motor vehicles. (1) (a) Whenever19
IN ACCORDANCE WITH THE ATTACHMENT SCHEDULE IN SUBSECTION (1)(b)20
OF THIS SECTION, an operator who is registered with the department in21
accordance with subsection (2) of this section recovers, removes, or stores22
a motor vehicle upon instructions from the owner of record
OR any other23
legally
authorized person in control of such THE motor vehicle, or from24
the owner or lessee of real property upon which a motor vehicle is25
illegally parked or such ABANDONED OR THE owner's or lessee's agent26
authorized in writing, such THE operator shall have HAS a possessory lien,27
1314
-8- subject to the provisions of section 42-4-2103 (3), upon such THE motor1
vehicle and its attached accessories, equipment, and personal property for2
all the costs and fees for recovering, towing, and storage as authorized in3
section 42-4-2108. Such THE lien shall be IS a first and prior lien on the4
motor vehicle, and such lien shall be IS satisfied before all other charges5
against such THE motor vehicle. This subsection (1) shall not apply to6
personal property if subsection (3) of this section applies to such personal7
property.8
(b) THE LIEN GRANTED IN SUBSECTION (1)(a) OF THIS SECTION9
ATTACHES TO THE MOTOR VEHICLE IN ACCORDANCE WITH THE FOLLOWING10
SCHEDULE:11
(I) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE12
MOTOR VEHICLE UPON INSTRUCTIONS FROM THE OWNER OF RECORD OR13
ANY OTHER LEGALLY AUTHORIZED PERSON IN CONTROL OF THE MOTOR14
VEHICLE, THE LIEN ATTACHES TO THE MOTOR VEHICLE WHEN THE15
OPERATOR TAKES POSSESSION OF THE MOTOR VEHICLE ; OR16
(II) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE17
MOTOR VEHICLE UPON INSTRUCTIONS OF THE OWNER OR LESSEE OF REAL18
PROPERTY UPON WHICH A MOTOR VEHICLE WAS ILLEGALLY PARKED OR19
ABANDONED OR UPON THE OWNER'S OR LESSEE'S AGENT AUTHORIZED IN20
WRITING, THE LIEN ATTACHES TO THE MOTOR VEHICLE THIRTY DAYS AFTER21
THE POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH22
SECTION 42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE23
THAT NO RECORD EXISTS FOR THE MOTOR VEHICLE .24
(3) If the operator obtains personal property from an abandoned25
vehicle that has been towed pursuant to this part 21 and if the serial or26
identification number of such property has been visibly altered or27
1314
-9- removed, the operator shall not have a lien upon such property and shall1
destroy or discard such property within five days after disposing of such2
THE vehicle pursuant to sections 42-4-2104 and 42-4-2107.3
SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as4
follows:5
42-4-2106. Perfection of lien. The lien provided for in section6
42-4-2105 shall be IS perfected by taking physical possession of the motor7
vehicle and its attached accessories, equipment, or personal property and8
by sending to the department, within ten working days after the time9
possession was taken, a notice containing the information required in the10
report to be made under the provisions of section 42-4-2103. In addition,11
such THE LIEN IS NOT PERFECTED UNTIL THE LIEN ATTACHES IN12
ACCORDANCE WITH THE SCHEDULE DESCRIBED IN SECTION 42-4-210513
(1)(b). THE report shall MUST contain a declaration by the operator that a14
possessory lien is claimed for all past, present, and future charges, up to15
the date of redemption, and that the lien is enforceable and may be16
foreclosed pursuant to the provisions of this part 21.17
SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as18
follows:19
42-4-2107. Sale of abandoned vehicle. (1) A
N OPERATOR MAY20
SELL any motor vehicle and its attached accessories and equipment or21
personal property within or attached to such
THE vehicle that are not22
redeemed by the last-known owner of record or lienholder after such23
owner or lienholder has been sent notice of such lien by the operator shall24
be sold in accordance with the provisions of section 42-4-2104 THE25
NOTICE WAS SENT IN ACCORDANCE WITH SECTION 42-4-2104 (1).26
(2) Within five days after foreclosure of the lien pursuant to this27
1314
-10- section AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE1
WITH SUBSECTION (1) OF THIS SECTION, the operator shall send a notice to2
the law enforcement agency having jurisdiction over the operator. Such3
notice shall THE NOTICE MUST contain a list of personal property found4
within the abandoned vehicle that has an intact serial or identification5
number and such EACH serial or identification number. Such notification6
shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified7
mail, facsimile machine, or personal delivery.8
SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend9
(1), (2) introductory portion, and (2)(c); and repeal (2)(b) as follows:10
42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor11
vehicle, personal property, and attached accessories or equipment under12
the provisions of section 42-4-2104 produces an amount less than or13
equal to the sum of all charges of the operator, who has perfected his or14
her lien, then the operator shall have HAS a valid claim against the owner15
for the full amount of such THE charges, less the amount received upon16
the sale of such motor vehicle. A
N OPERATOR DOES NOT HAVE A VALID17
CLAIM IF THE OPERATOR HAS VIOLATED SECTION 40-10.1-405.18
(b) Failure to register such
A vehicle in accordance with this title19
shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to20
be notified pursuant to this part 21. for the purposes of foreclosure of the21
lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN22
SUBSECTION (1)(a) OF THIS SECTION ARE assessed in the manner provided23
for in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION24
(2)(a) of this section.25
(2) If the sale of any motor vehicle and its attached accessories or26
equipment under the provisions of section 42-4-2104 produces an amount27
1314
-11- greater than the sum of all charges of the operator who has perfected his1
or her THE OPERATOR'S lien:2
(b) Any balance remaining after payment pursuant to paragraphs3
(a) and (a.5) of this subsection (2) shall be forwarded to the department,4
and the department may recover from such balance any taxes, fees, and5
penalties due to it with respect to such motor vehicle. The department6
shall provide a receipt to the operator within seven days after receiving7
the money if the operator provides the department with a postage-paid,8
self-addressed envelope.9
(c) (I) THE OPERATOR SHALL PAY any balance remaining after10
payment pursuant to paragraph (b) of this subsection (2) shall be paid by11
the department: MAKING THE PAYMENT REQUIRED IN SUBSECTION (2)(a.5)12
OF THIS SECTION IN ACCORDANCE WITH THE FOLLOWING :13
(A) First, to any lienholder of record as the lienholder's interest14
may appear upon the records of the department;15
(B) Second, to any owner of record as the owner's interest may so16
appear; and17
(C) then THIRD, to any person submitting proof of such THE18
person's interest in such THE motor vehicle upon the application of such19
THE lienholder, owner, or person.20
(II) If such payments are not requested and made within One21
hundred twenty days after the sale of the abandoned motor vehicle, the22
OPERATOR SHALL TRANSFER THE balance, shall be transmitted AFTER23
MAKING THE PAYMENT REQUIRED UNDER SUBSECTIONS (2)(a) TO (2)(c)(I)24
OF THIS SECTION, to the state treasurer, who shall credit the same to the25
highway users tax fund for allocation and expenditure as specified in26
section 43-4-205 (5.5)(e), C.R.S. UNCLAIMED PROPERTY TRUST FUND,27
1314
-12- CREATED IN SECTION 38-13-801, AND DISPOSED OF IN ACCORDANCE WITH1
ARTICLE 13 OF TITLE 38.2
SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend3
(13); and add (1.5), (4.5), and (6.5) as follows:4
40-10.1-101. Definitions. As used in this article 10.1, unless the5
context otherwise requires:6
(1.5) "A
UTHORIZED OR INTERESTED PERSON " MEANS:7
(a) T
HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED8
AGENT OF THE OWNER OF THE VEHICLE ;9
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE10
LIENHOLDER OF THE VEHICLE; OR11
(c)
IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE12
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY13
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE14
COVERAGE ON THE VEHICLE.15
(4.5) "C
OMMON PARKING AREA " MEANS ANY PART OF THE16
FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING , SUCH AS THE17
SIDE OF A STREET OR PARKING SPACES, THAT AN OWNER DOES NOT HAVE18
THE RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING19
FOR PARKING:20
(a) A
CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);21
(b) A
COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);22
(c) A
MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN23
APARTMENT COMPLEX , WITH SEPARATE LIVING QUARTERS THAT ARE24
RENTED OR LEASED SEPARATELY ; OR25
(d) A
MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).26
(6.5) "D
ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO27
1314
-13- UNHOOK A VEHICLE FROM A TOW TRUCK .1
(13) "Nonconsensual towing", or "nonconsensual tow", "TOWED2
NONCONSENSUALLY ", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT3
CONSENT" means the transportation of a motor vehicle by tow truck FROM4
PRIVATE PROPERTY if such THE transportation is performed without the5
prior consent or authorization of:6
(a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE7
VEHICLE, OR AGENT OF THE OWNER of the motor vehicle;8
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE9
LIENHOLDER, UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF10
REPOSSESSION UNDER A LIEN AGREEMENT ; OR11
(c) I
F THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE12
COMPANY TO ACT ON BEHALF OF THE OWNER , THE INSURANCE COMPANY13
OR AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE14
COVERAGE ON THE VEHICLE.15
SECTION 8. In Colorado Revised Statutes, 40-10.1-111, amend
16
(1)(c)(I) as follows:17
40-10.1-111. Filing, issuance, and annual fees. (1) A motor18
carrier shall pay the commission the following fees in amounts prescribed19
in this section or, if not prescribed in this section, as set administratively20
by the commission with approval of the executive director of the21
department of regulatory agencies:22
(c) (I) The filing fee for a permit to operate under part 4 or part 823
of this article 10.1 is one hundred fifty dollars ADMINISTRATIVELY SET BY24
THE COMMISSION TO COVER THE DIRECT AND INDIRECT COST OF25
IMPLEMENTING PARTS 4 AND 8 OF THIS ARTICLE 10.1, BUT THE FEE26
AMOUNT MUST BE APPROVED BY THE EXECUTIVE DIRECTOR OF THE27
1314
-14- DEPARTMENT OF REGULATORY AGENCIES .1
2
SECTION 9. In Colorado Revised Statutes, 40-10.1-401, amend3
(2) as follows:4
40-10.1-401. Permit requirements. (2) (a) The commission may5
deny an application OR REFUSE TO RENEW A PERMIT under this part 4 of6
a person who has, within the immediately preceding five years, been7
convicted of, or pled guilty or nolo contendere to, a felony OR A8
TOWING-RELATED OFFENSE. The commission may also deny an9
application under this part 4 or refuse to renew the permit of a towing10
carrier based upon a determination that the towing carrier or any of its11
owners, principals, officers, members, partners, or directors has not12
satisfied a civil penalty arising out of any administrative or enforcement13
action brought by the commission.14
(b) THE COMMISSION MAY DENY AN APPLICATION OR REFUSE TO15
RENEW A PERMIT OF A TOWING CARRIER UNDER THIS PART 4 BASED ON A16
DETERMINATION THAT THERE IS GOOD CAUSE TO BELIEVE THE ISSUANCE17
OF OR RENEWAL OF THE PERMIT IS NOT IN THE PUBLIC INTEREST. THE18
DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE WITH19
COMMISSION RULES.20
SECTION 10. In Colorado Revised Statutes, 40-10.1-403,21
amend (5)(a); and add (4)(d)(I)(C), (4)(d)(I)(D), (4)(d)(I)(E),22
(4)(d)(I)(F), (4)(d)(I)(G), (4)(d)(I)(H), and (5)(c) as follows:23
40-10.1-403. Towing task force - creation - rules - repeal.24
(4) (d) (I) By December 1 of each year, the commission shall make a25
report to the house of representatives transportation and local government26
committee, the house of representatives business affairs and labor27
1314
-15- committee, the senate business, labor, and technology committee, and the1
senate transportation and energy committee, or any successor committees.2
The report must:3
(C) INCLUDE THE ANALYSIS REQUIRED IN SUBSECTION (5)(C) OF4
THIS SECTION;5
(D) INCLUDE THE TASK FORCE'S DEFINITION OF CONSENSUAL TOW6
AND NONCONSENSUAL TOW ;7
(E) INCLUDE THE RANGE OF DOLLAR AMOUNTS CONSIDERED WHEN8
SETTING ALL RATES RELATED TO CHARGES BY TOWING CARRIERS FOR9
NONCONSENSUAL TOWS, INCLUDING INFORMATION CONSIDERED FOR THE10
MINIMUM AND MAXIMUM RATES FOR ALL FEES CHARGED, THE FORMULAS11
FOR DETERMINING THE ACTUAL COST AND MARKET RATE FOR THE FINAL12
FEES SET FOR ALL RATES, A SUMMARY OF ANY PUBLIC COMMENT OR13
FEEDBACK PROVIDED RELATED TO THE RATES SET, AND ANY OTHER14
INFORMATION THE TASK FORCE TOOK INTO CONSIDERATION WHEN15
ESTABLISHING ALL RATES;16
(F) INCLUDE THE TIMES, INCLUDING THE SHORTEST, MEAN,17
MEDIAN, MODE, AND LONGEST, TO SETTLE COMPLAINTS MADE TO THE18
COMMISSION;19
(G) INCLUDE THE CATEGORIES OF COMPLAINTS AND THE NUMBER20
OF COMPLAINTS IN EACH CATEGORY ; AND21
(H) INCLUDE A LIST OF THE TOWING CARRIERS THAT HAVE BEEN22
ISSUED A PERMIT, THE NUMBER OF VALID COMPLAINTS AGAINST EACH23
CARRIER, AND THE ACTION TAKEN BY THE COMMISSION IN RESPONSE TO24
EACH VALID COMPLAINT.25
(5) The task force has the following duties and powers:26
(a) To make comprehensive recommendations to the commission27
1314
-16- about the maximum rates that may be charged for the recovery, towing,1
and storage of a vehicle that has been towed without the owner's consent.2
The task force shall make comprehensive recommendations to the3
commission about the maximum rates after July 1, 2022, but no later than4
September 1, 2022 November 1, 2022.5
(c) TO ANALYZE AND MAKE RECOMMENDATIONS TO THE6
COMMISSION ABOUT NONCONSENSUAL TOWING RATES CHARGED TO THE7
PUBLIC. IN ANALYZING NONCONSENSUAL RATES, THE TASK FORCE SHALL8
TAKE INTO ACCOUNT CURRENT CONSENSUAL TOWING MARKET RATES AND9
THEIR RELATIONSHIP TO NONCONSENSUAL TOWING RATES .10
SECTION 11. In Colorado Revised Statutes, add 40-10.1-405,11
40-10.1-406, 40-10.1-407, 40-10.1-408, 40-10.1-409, and 40-10.1-410 as12
follows:13
40-10.1-405. Nonconsensual tows - rights of owners, operators,14
and lienholders - rules. (1) Towing fees. (a) TOWING CARRIERS SHALL15
PROMINENTLY DISPLAY AT THEIR PLACE OF BUSINESS AND ON ANY16
WEBSITE OF THE TOWING CARRIER THE CURRENT MAXIMUM RATES17
PERMITTED BY RULE OF THE COMMISSION FOR EACH TOW SERVICE18
PROVIDED BY THE TOWING CARRIER. THE SIGN MUST INCLUDE THE19
FOLLOWING STATEMENT: "THE MAXIMUM PERMITTED RATE IS BASED UPON20
RULES OF THE PUBLIC UTILITIES COMMISSION, AND IF THERE ARE21
CONCERNS OR QUESTIONS ABOUT THESE RATES OR THE TOWING CARRIER,22
THEN CALL THE PUBLIC UTILITIES COMMISSION CONSUMER AFFAIRS23
HOTLINE AT 303-894-2070. 24
(b) (I) A TOWING CARRIER SHALL ACCEPT:25
(A) C
ASH;26
(B)
MAJOR CREDIT CARDS; AND27
1314
-17- (C) OTHER FORMS OF PAYMENT REQUIRED BY RULE OF THE1
COMMISSION.2
(II) T
HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT3
QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS4
SUBSECTION
(1)(b).5
(c) A TOWING CARRIER SHALL NOT:6
(I) C
HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD7
DURING WHICH THE TOWING CARRIER DID NOT STORE THE
VEHICLE, BUT8
THE TOWING CARRIER MAY CHARGE, IN ACCORDANCE WITH SECTION9
42-4-2103 (3)(c), A PRORATED FEE FOR ANY PART OF A10
TWENTY-FOUR-HOUR PERIOD THE TOWING CARRIER STORED THE VEHICLE;11
AND12
(II) C
HARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF13
THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM14
PRIVATE PROPERTY.15
(2) Towing carrier document vehicle's condition and reason16
for tow - adequate illumination. (a) B
EFORE A TOWING CARRIER17
CONNECTS A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT , THE18
TOWING CARRIER SHALL DOCUMENT THE VEHICLE 'S CONDITION AND THE19
REASON FOR THE TOW BY:20
(I) T
AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH21
AT LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT , ONE PHOTOGRAPH22
TAKEN FROM THE REAR, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S23
SIDE, AND ONE PHOTOGRAPH TAKEN FROM THE PASSENGER 'S SIDE. THESE24
PHOTOGRAPHS MUST:25
(A) S
HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;26
(B) H
AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE27
1314
-18- PHOTOGRAPH, MEASURED FROM SIDE TO SIDE; AND1
(C) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND2
PIXELS BY AT LEAST TWO THOUSAND PIXELS .3
(II) T
AKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE4
VEHICLE BEING TOWED WITHOUT CONSENT . THE PHOTOGRAPH MUST:5
(A) S
HOW THE POSITION OF THE VEHICLE IN RELATION TO THE6
REASON, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND7
(B) B
E RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND8
PIXELS BY AT LEAST TWO THOUSAND PIXELS .9
(b) U
PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON ,10
THE TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS11
REQUIRED TO BE TAKEN PURSUANT TO SUBSECTION (2)(a)(I) OR (2)(a)(II)12
OF THIS SECTION.13
(c) (I) A
REBUTTABLE PRESUMPTION THAT A TOWING CARRIER14
DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT :15
(A) T
HE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS16
OF THE VEHICLE'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF17
THIS SECTION; AND18
(B) A
VEHICLE HAS SUFFERED DAMAGE .19
(II) A
TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF20
THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION (2)(b) OF21
THIS SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING22
CARRIER DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE .23
(d) D
URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING24
RELEASED, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH25
STORAGE FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A26
PERSON TO INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM27
1314
-19- STORAGE.1
(3) Authorization and notice required for tows from private2
property. (a) A
TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW3
A VEHICLE FROM PRIVATE PROPERTY UNLESS :4
(I) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A5
LIEN OR SECURITY INTEREST IN THE VEHICLE;6
(II) T
HE REMOVAL IS EXPRESSLY
ORDERED OR AUTHORIZED BY A7
COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR BY8
OPERATION OF LAW;9
(III) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO10
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR11
ROADWAY; OR12
(IV) T
HE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE13
VEHICLE, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE14
TOW, FROM:15
(A) T
HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;16
(B) A
PERSON SUBJECT TO THE "COLORADO COMMON INTEREST17
O
WNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY18
IS LOCATED WITHIN THE BOUNDARIES OF THE PERSON 'S AREA OF19
OPERATION; OR20
(C) A
N AGENT OF A PERSON DESCRIBED IN SUBSECTION21
(3)(a)(IV)(A)
OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE22
TOWING CARRIER DOES NOT QUALIFY AS AN AGENT WITH AUTHORITY TO23
GRANT PERMISSION UNDER THIS SUBSECTION (3)(a).24
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION
(3)(b)(IV) OF THIS25
SECTION, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A26
VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT27
1314
-20- THE TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER1
OR OPERATOR TWENTY-FOUR HOURS' WRITTEN NOTICE, UNLESS:2
(A) T
HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO3
PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER ;4
(B) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A5
LIEN OR SECURITY INTEREST IN THE VEHICLE;6
(C) T
HE REMOVAL IS EXPRESSLY ORDERED OR AUTHORIZED BY A
7
COURT ORDER, AN ADMINISTRATIVE ORDER, OR A PEACE OFFICER OR BY8
OPERATION OF LAW; 9
(D) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO10
EFFECTIVELY OBSTRUCT A PERSON 'S ACCESS TO THE DRIVEWAY OR11 ROADWAY;12
(E) THE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-120813
(4) OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT14
DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE , AS15
THOSE TERMS ARE DEFINED IN SECTION 42-3-204 (1)(f) AND (1)(g), THAT16
IS CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY17
DAYS;18
(F) THE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A19
DESIGNATED AND MARKED FIRE ZONE ;20
(G) THE VEHICLE IS OCCUPYING WITHOUT PERMISSION OR21
EFFECTIVELY OBSTRUCTING ACCESS TO OR FROM AN INDIVIDUALLY22
DESIGNATED, RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT; OR23
(H) THE VEHICLE IS PARKED WITHOUT DISPLAYING VALID24
AUTHORIZATION IN A PARKING LOT MARKED FOR THE EXCLUSIVE USE OF25
RESIDENTS.26
(II) T
HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE27
1314
-21- THE NOTICE DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION BY1
PLACING A WRITTEN NOTICE ON THE WINDSHIELD OF THE VEHICLE AT2
LEAST TWENTY-FOUR HOURS BEFORE TOWING THE VEHICLE .3
(III) T
HE NOTICE MUST STATE CLEARLY:4
(A) T
HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE5
VEHICLE REMAINS PARKED INAPPROPRIATELY ;6
(B) A
DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS7
CAUSED THE NOTICE TO BE GIVEN;8
(C) T
HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO9
APPROPRIATE PARKING OR THE INAPPROPRIATE PARKING HAS BEEN
10
CORRECTED; AND11
(D) T
HAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME12
MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE .13
(IV) I
F THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN14
THE SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS15
NOTICES, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE16
NOTICE REQUIRED IN SUBSECTION (3)(b)(I) OF THIS SECTION BEFORE17
TOWING THE VEHICLE.18
(V) F
OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS19
PARKED INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT :20
(A) V
IOLATES THE PROCEDURES NECESSARY TO OBTAIN21
AUTHORIZATION TO PARK IN THE LOT OR SPACE ;22
(B) F
AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE23
AGREEMENTS OF THE TENANTS ; OR24
(C) V
IOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF25
THE STATE OR A POLITICAL SUBDIVISION OF THE STATE .26
(c) IN ORDER FOR A TOWING CARRIER TO CONDUCT A27
1314
-22- NONCONSENSUAL TOW UNDER SUBSECTION (3)(b)(I)(G) OR (3)(b)(I)(H) OF1
THIS SECTION, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE VISIBLE2
AND FACING THE DRIVER AT EACH ENTRY WAY INTO A PARKING AREA3
INDICATING THAT PARKING SPACES ARE DESIGNATED FOR ONE OR MORE4
SPECIFIED RESIDENTS AND THAT A VEHICLE PARKED WITHOUT5
AUTHORIZATION IS SUBJECT TO BEING TOWED. THE SIGN MUST ALSO6
CONTAIN THE INTERNATIONAL TOWING SYMBOL NO SMALLER THAN FOUR7
INCHES BY FOUR INCHES AND BE PERMANENTLY MOUNTED IN A POSITION8
THAT IS NO LOWER THAN FIVE FEET AND NO HIGHER THAN EIGHT FEET.9
10
(4) Notice, disclosures, and signs. (a) I
N CONNECTION WITH A11
NONCONSENSUAL TOW , THE TOWING CARRIER SHALL PROVIDE , UPON12
REQUEST, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY13
INSURANCE COVERAGE, INCLUDING CARGO LIABILITY COVERAGE, GARAGE14
KEEPER'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE15
LIABILITY COVERAGE, TO AN AUTHORIZED OR INTERESTED PERSON .16
(b) A
TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN17
AT THE ENTRANCE TO THE STORAGE FACILITY HOLDING A18
NONCONSENSUALLY TOWED VEHICLE . THE SIGN MUST:19
(I) S
TATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND20
HOURS OF OPERATION;21
(II) S
TATE: "IF A VEHICLE IS NONCONSENSUALLY TOWED FROM
22
PRIVATE PROPERTY, THE OWNER MAY RETRIEVE THE CONTENTS OF THE23
VEHICLE EVEN IF THE OWNER DOES NOT PAY THE TOWING CARRIER 'S FEES.24
I
F THE OWNER FILLS OUT THE APPROPRIATE FORM , THE OWNER MAY
25
RETRIEVE THE VEHICLE AFTER PAYING A REDUCED FEE , BUT THE OWNER26
STILL OWES THE TOWING CARRIER THE BALANCE OF THOSE FEES ."27
1314
-23- (III) BE NO LESS THAN TWO SQUARE FEET IN SIZE;1
(IV) H
AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;2
(V) H
AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH3
THE BACKGROUND ON WHICH THE LETTERS ARE PLACED ; AND4
(VI) B
E PRINTED IN
ENGLISH.5
(c) U
PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN6
AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH7
CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR8
INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL9
TOW.10
(d) U
PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED11
FORMS OF PAYMENT, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN12
ACCORDANCE WITH SUBSECTION
(1)(b) OF THIS SECTION.13
(e) I
F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A14
VEHICLE FROM PRIVATE PROPERTY, THE TOWING CARRIER SHALL GIVE THE15
AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A16
WRITTEN NOTICE OF THE PERSON'S ABILITY TO MAKE A COMPLAINT TO THE17
COMMISSION. THE NOTICE:18
(I) M
UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON19
THE INVOICE, THE RECEIPT, AND THE
BILL FOR THE TOW; AND20
(II) M
UST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN21
THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL , AS APPLICABLE.22
(f) (I) A
TOWING CARRIER SHALL NOT PERFORM A23
NONCONSENSUAL TOW OF A VEHICLE , OTHER THAN AN ABANDONED24
MOTOR VEHICLE AS DEFINED IN SECTION 42-4-2102 (1), FROM PRIVATE25
PROPERTY NORMALLY USED FOR PARKING UNLESS :26
(A) N
OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE27
1314
-24- VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY1
AND PARKED; AND2
(B) N
OTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE3
REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER 'S EXPENSE WAS4
PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE5
PRIVATE PROPERTY AND PARKED .6
(II) A
PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE7
NOTICE DESCRIBED IN THIS SUBSECTION (4)(f) BY ISSUING EACH TENANT8
A WRITTEN DOCUMENT CONTAINING ANY APPLICABLE PARKING9
REGULATIONS BEFORE THE REGULATIONS ARE ADOPTED OR AMENDED OR10
BEFORE THE PERSON AGREES TO BE A TENANT .11
(III) A TOWING CARRIER THAT ENTERS INTO AN AGREEMENT WITH12
A PROPERTY OWNER TO NONCONSENSUALLY TOW VEHICLES FROM THE13
PROPERTY SHALL POST SIGNS THAT:14
(A) A
RE NO LESS THAN ONE SQUARE FOOT IN SIZE;15
(B) H
AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;16
(C) H
AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND17
ON WHICH THE LETTERS ARE PLACED ;18
(D) S
TATE: "AUTHORIZED PARKING ONLY";19
(E) I
NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING20
CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY ;21
(F) A
RE PRINTED IN
ENGLISH;22
(G) A
RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY ,23
FACE OUTWARD TOWARD THE STREET , AND ARE VISIBLE PRIOR TO24
ENTERING AND UPON ENTERING THE PRIVATE PROPERTY ;25
(H) A
RE PLACED INSIDE THE AREA USED FOR PARKING , FACE26
TOWARD THE PARKING SPACES , AND, IF THE PRIVATE PROPERTY IS NOT27
1314
-25- PROVIDED FOR RESIDENTIAL PARKING AND HAS MORE THAN TEN1
FREESTANDING LAMPPOSTS ON THE PROPERTY , ARE POSTED ON EACH2
LAMPPOST OR POSTED UPRIGHT NEAR EACH LAMPPOST ;3
(I) A
RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT4
PREVENTS VISIBILITY; AND5
(J) A
RE NOT PLACED HIGHER THAN EIGHT F EET OR LOWER THAN6
THREE FEET FROM THE GROUND SURFACE CLOSEST TO THE SIGN 'S7
PLACEMENT.8
(g) T
HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING9
PHOTOGRAPHS OF THE RELEVANT SIGNS , OF GIVING THE NOTICES AND10
DISCLOSURES REQUIRED IN SUBSECTION (4)(f) OF THIS SECTION FOR THREE11
YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND12
PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT13
OFFICIAL UPON REQUEST.14
(5) No mechanic's liens on vehicle or contents.15
(a) N
OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT16
NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC 'S LIEN17
ON
THE CONTENTS OF THE VEHICLE TO COVER THE COST OF TOWING THE18
VEHICLE.19
(b) I
F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A20
TOWING CARRIER RETURN
THE CONTENTS OF A VEHICLE THAT WAS21
TOWED WITHOUT CONSENT WITHIN THIRTY DAYS AFTER THE POSTMARKED22
DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH SECTION 42-4-210323
(4) OR THE DATE THE OPERATOR RECEIVED NOTICE THAT NO RECORD24
EXISTS FOR THE MOTOR VEHICLE, THE TOWING CARRIER SHALL25
IMMEDIATELY RETRIEVE OR ALLOW THE AUTHORIZED OR INTERESTED26
PERSON TO RETRIEVE THE VEHICLE'S CONTENTS. THIS SUBSECTION (5)(b)27
1314
-26- DOES NOT APPLY TO THE CONTENTS OF A VEHICLE IF THE CONTENTS1
OF THE VEHICLE ARE SUBJECT TO A HOLD ORDER ISSUED BY A COURT ,2
DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY , OR PEACE OFFICER.3
(c) T
HE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE A
4
VEHICLE THAT HAS BEEN NONCONSENSUALLY TOWED OR ALLOW THE5
OWNER TO RETRIEVE THE VEHICLE IF:6
(I) T
HE OWNER PAYS FIFTEEN PERCENT OF THE FEES , NOT TO
7
EXCEED SIXTY DOLLARS , OWED THE TOWING CARRIER FOR THE8
NONCONSENSUAL TOW ; AND9
(II) T
HE AUTHORIZED OR INTERESTED PERSON IS NOT A
10
LIENHOLDER OR INSURANCE COMPANY .11
(d) FOR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE A12
VEHICLE WITHOUT PAYING THE TOWING CARRIER THE TOTAL AMOUNT13
OWED TO THE TOWING CARRIER, THE AUTHORIZED OR INTERESTED PERSON14
MUST SIGN A FORM AFFIRMING THAT THE AUTHORIZED OR INTERESTED15
PERSON OWES THE TOWING CARRIER PAYMENT FOR FEES THAT COMPLY16
WITH THIS ARTICLE 10.1, PART 21 OF ARTICLE 4 OF TITLE 42, OR ARTICLE17
20 OF TITLE 38. KNOWINGLY PROVIDING FALSE INFORMATION ON THE18
FORM IS UNLAWFUL. SIGNING THIS FORM DOES NOT PROHIBIT A VEHICLE19
OWNER FROM FILING A COMPLAINT WITH THE COMMISSION OR PURSUING20
OTHER REMEDIES. THE TOWING CARRIER MAY USE THE FORM TO TAKE21
REASONABLE ACTIONS TO COLLECT THE DEBT, INCLUDING INITIATING A22
COURT ACTION OR USING A COLLECTION AGENCY. THE DEPARTMENT23
SHALL:24
(I) CREATE THE FORM;25
(II) GIVE THE FORM THE FOLLOWING TITLE: "TOWED VEHICLE26
RELEASE NOTICE: RETRIEVAL WITH PAYMENT OWED"; AND27
1314
-27- (III) PROVIDE THE FORM ON THE PUBLIC UTILITIES COMMISSION1
WEBSITE FOR TOWING CARRIERS TO RETRIEVE AND USE .2
(6) Releasing the vehicle upon request. (a) A
TOWING CARRIER3
SHALL RELEASE A NONCONSENTUALLY TOWED VEHICLE IN ACCORDANCE4
WITH SUBSECTION (5)(c) OF THIS SECTION.
5
(b) A
TOWING CARRIER
SHALL NOT ASSESS A DROP CHARGE TO6
RELEASE THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW7
TRUCK BUT BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY .8
(c) I
F APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON
9
BEFORE THE VEHICLE IS REMOVED FROM PRIVATE PROPERTY , THE TOWING10
CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED PERSON THAT11
THE TOWING CARRIER IS REQUIRED TO RELEASE THE VEHICLE UPON12
REQUEST OF THE AUTHORIZED OR INTERESTED PERSON . 13
(d) U
PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON ,14
THE TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE15
VEHICLE IS REMOVED FROM PRIVATE PROPERTY .16
(7) No towing for expired registration. U
NLESS THE TOW IS17
BASED ON AN ORDER GIVEN BY A PEACE OFFICER , A TOWING CARRIER18
SHALL NOT TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR19
LICENSE PLATE OF THE VEHICLE
OR THE RECORD OBTAINED USING THE20
SYSTEM DESCRIBED IN SECTION 42-4-2103 (3)(c)(III) INDICATES THAT THE21
VEHICLE'S REGISTRATION HAS EXPIRED.22
(8) Towing carrier responsibility. F
OR A NONCONSENSUAL TOW ,23
THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF24
THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR25
INTERESTED PERSON.26 (9) Applicability. THIS SECTION DOES NOT APPLY TO:27
1314
-28- (a) A TOW ORDERED BY A PEACE OFFICER OR TECHNICIAN1
DIRECTED BY A PEACE OFFICER IN THE COURSE AND SCOPE OF THE2
OFFICER'S OR TECHNICIAN'S DUTIES; OR3
(b) A TOW FROM A PARKING SPACE THAT SERVES A BUSINESS IF :4
(I) THE PARKING SPACE IS NOT IN A COMMON PARKING AREA; AND5
(II) THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE, AS6
DEFINED IN SECTION 38-22.5-102 (2).7
8
40-10.1-406. Failure to comply. (1) No fees. (a) I F A TOWING9
CARRIER FAILS TO COMPLY WITH THIS ARTICLE 10.1, ARTICLE 20 OF TITLE10
38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42 OR ANY RULE11
PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 21 OF ARTICLE12
4 OF TITLE 42, THE TOWING CARRIER:13
(I) S
HALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE14
SERVICES PERFORMED WITH RESPECT TO THE VEHICLE ; AND15
(II) S
HALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON16
ANY FEES IT COLLECTED WITH RESPECT TO THE VEHICLE .17
(b) I
T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT18
TOWING FEES THAT:19
(I) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND20
(II) T
HE TOWING CARRIER FAILED TO COMPLY WITH SECTION21
40-10.1-405.22
(2) Attorney fees. A
N AUTHORIZED OR INTERESTED PERSON23
SEEKING REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE24
TOWING CARRIER REASONABLE ATTORNEY FEES IF :25
(a) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ;26
(b) A
COURT HOLDS THAT:27
1314
-29- (I) THE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE1
10.1,
ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 422
OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 213
OF ARTICLE 4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES ,4
INCLUDING ECONOMIC DAMAGES , TO THE VEHICLE OWNER OR5
LIENHOLDER; OR6
(II) T
HE TOWING CARRIER DAMAGED A VEHICLE WHILE7
CONNECTING IT TO A TOWING VEHICLE , WHILE POSSESSING THE VEHICLE,8
OR WHILE RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED9
PERSON; AND10
(c) T
HE AUTHORIZED OR INTERESTED PERSON DEMANDED11
REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER12
REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR13
THE DAMAGES.14
(3) Damages recovered for party in interest. I
N A COURT15
ACTION
ARISING FROM A NONCONSENSUAL TOW, ANY AUTHORIZED OR16
INTERESTED PERSON MAY RECOVER THE DAMAGES SUFFERED BY ANOTHER17
AUTHORIZED OR INTERESTED PERSON FROM A TOWING CARRIER IF THE18
PERSON WHO RECOVERS THE DAMAGES REIMBURSES THE OTHER19
AUTHORIZED OR INTERESTED PERSON FOR THE DAMAGES SUFFERED BY THE20
AUTHORIZED OR INTERESTED PERSON . A COURT MAY ISSUE AN ORDER21
IMPLEMENTING THIS SUBSECTION (3).22
40-10.1-407. Records. (1) A TOWING CARRIER SHALL RECORD23
THE FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW :24
(a) T
HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;25
(b) T
HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND26
TELEPHONE NUMBER OF THE TOWING CARRIER ;27
1314
-30- (c) THE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE1
FACILITY USED BY THE TOWING CARRIER ;2
(d) T
HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION3
NUMBER, AND LICENSE PLATE
NUMBER, IF AVAILABLE, OF THE TOWED4
VEHICLE;5
(e) T
HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS6
OF THE TOW, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;7
(f) T
HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND8
SIGNATURE OF THE PERSON AUTHORIZING THE TOW ;9
(g) T
HE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK10
DRIVER;11
(h) A
N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;12
(i) T
HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS13
RELEASED; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO14
SIGN" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN15
THE RELEASE DOCUMENT;
16
(j) T
HE DATE AND TIME OF ANY OF THE FOLLOWING, IF PERFORMED:17
(I) H
OOKING THE VEHICLE TO THE TOW TRUCK ;18
(II) U
NHOOKING THE VEHICLE FROM THE TOW TRUCK ;19
(III) C
OMPLETING THE TOW;20
(IV) N
OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;21
(V) P
LACING THE VEHICLE IN STORAGE; AND22
(VI) R
ELEASING THE TOWED VEHICLE FROM
STORAGE; AND23
(k) ANY OTHER INFORMATION REQUIRED BY RULE OF THE24
COMMISSION.25
(2) A
TOWING CARRIER SHALL RECORD THE INFORMATION26
REQUIRED TO BE RECORDED BY SUBSECTION (1) OF THIS SECTION BEFORE27
1314
-31- THE ACTION TO WHICH IT REFERS IS PERFORMED, UNLESS IMPRACTICABLE1
DUE TO SAFETY CONCERNS. IF THE SAFETY CONCERNS DELAY RECORDING2
THE INFORMATION REQUIRED BY SUBSECTION (1) OF THIS SECTION, THE3
TOWING CARRIER SHALL RECORD THE INFORMATION AS SOON AS4
REASONABLY POSSIBLE.5
(3) A
TOWING CARRIER SHALL RETAIN THE INFORMATION6
REQUIRED IN SUBSECTION (1) OF THIS SECTION FOR THREE YEARS AFTER7
THE TOW COMMENCED .8
(4) W
ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING9
CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED10
BY SUBSECTION (1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED11
PERSON.12
40-10.1-408. Kickbacks prohibited. A TOWING CARRIER SHALL13
NOT PAY MONEY OR OTHER VALUABLE CONSIDERATION FOR THE14
PRIVILEGE OF NONCONSENSUALLY TOWING VEHICLES .15
40-10.1-409. Violators subject to penalties. (1) A TOWING16
CARRIER THAT VIOLATES THIS PART 4 IS SUBJECT TO THE PENALTIES17
PROVIDED IN SECTION 40-10.1-114.18
(2) A
VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE19
UNDER SECTION 6-1-105 (1)(ooo) AND IS SUBJECT TO ENFORCEMENT BY20
THE ATTORNEY GENERAL 'S OFFICE IN ADDITION TO THE ENFORCEMENT21
DESCRIBED IN THIS SECTION.22
23
40-10.1-410. Towing rules. UPON MAKING A FINDING THAT A 24
TOWING PRACTICE HARMS THE PUBLIC INTEREST , THE COMMISSION MAY25
PROMULGATE RULES, AS NECESSARY, TO STOP OR CHANGE THE TOWING26
PRACTICE THAT HARMS THE PUBLIC INTEREST .27
1314
-32- SECTION 12. In Colorado Revised Statutes, 6-1-105, add1
(1)(ooo) as follows:2
6-1-105. Unfair or deceptive trade practices. (1) A person3
engages in a deceptive trade practice when, in the course of the person's4
business, vocation, or occupation, the person:5
(ooo) V
IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.6
SECTION
13. In Colorado Revised Statutes, amend 38-20-1057
as follows:8
38-20-105. Lien of common carrier. (1) E
XCEPT AS PROVIDED9
IN SUBSECTION (2) OF THIS SECTION, every common carrier of goods or10
passengers who, at the request of the owner of any personal goods,11
carries, conveys, or transports the same from one place to another and12
every other person who safely keeps or stores any personal property at the13
request of the owner or person lawfully in possession thereof shall have
14
OF THE PERSONAL PROPERTY HAS a lien upon all such THE personal15
property for his reasonable charges for the transportation, storage, or16
keeping thereof OF THE PERSONAL PROPERTY and for all reasonable and17
proper advances made thereon by him THE COMMON CARRIER OR18
WAREHOUSE, in accordance with the usage and custom of common19
carriers and warehousemen WAREHOUSES.20
(2) I
N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS21
SECTION DOES NOT GRANT A TOWING CARRIER A LIEN ON
THE22
CONTENTS OF A VEHICLE IF THE VEHICLE WAS TOWED NONCONSENSUALLY ,23
AS DEFINED IN SECTION 40-10.1-101 (13).24
SECTION 14. Appropriation. (1) For the 2022-23 state fiscal25
year, $109,475 is appropriated to the department of regulatory agencies26
for use by the public utilities commission. This appropriation is from the27
1314
-33- public utilities commission motor carrier fund created in section1
40-2-110.5 (6), C.R.S. To implement this act, the commission may use2
this appropriation as follows:3
(a) $85,981 for personal services, which amount is based on an4
assumption that the commission will require an additional 1.4 FTE;5
(b) $17,761 for operating expenses; and6
(c) $5,733 for the purchase of vehicle lease services.7
(2) For the 2022-23 state fiscal year, $5,733 is appropriated to the8
department of personnel. This appropriation is from reappropriated funds9
received from the department of regulatory agencies under subsection10
(1)(c) of this section. To implement this act, the department of personnel11
may use this appropriation for vehicle replacement lease/purchase12
services to the department of regulatory agencies.13
SECTION 15. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2022 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
1314
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