HOUSE BILL 22-1314
BY REPRESENTATIVE(S) Ricks and Hooton, Amabile, Bacon, Bernett,
Boesenecker, Cutter, Daugherty, Esgar, Gonzales-Gutierrez, Herod, Kipp,
Lindsay, Lontine, Sirota, Bird, Exum, Kennedy, Snyder, Titone, Valdez A.,
Woodrow;
also SENATOR(S) Gonzales and Sonnenberg, Buckner, Coleman, Coram,
Danielson, Fields, Gardner, Hansen, Hinrichsen, Jaquez Lewis, Lee,
Moreno, Pettersen, Rodriguez, Story, Winter, Fenberg.
C
ONCERNING THE RIGHTS OF A PERSON WITH OWNERSHIP INTEREST IN A
VEHICLE THAT HAS BEEN TOWED FROM PRIVATE PROPERTY WITHOUT
THE PERSON
'S CONSENT, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 42-4-2103, amend (2),
(3)(a), (3)(c)(I)(A), (3)(c)(I)(D), and (3)(c)(II); and repeal (4)(b) as follows:
42-4-2103. Abandonment and nonconsensual towing of motor
vehicles - private property - rules. (2) (a) (I) Any operator having in his
or her possession any POSSESSING A motor vehicle that was abandoned on
private property shall notify, within thirty minutes, the department, the
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. sheriff, or the sheriff's designee, of the county in which the motor vehicle
is located or the chief of police, or the chief's designee, of the municipality
in which the motor vehicle is located. T
HE NOTICE MUST INCLUDE:
(A) as to The name of the operator; and
(B) The location of the impound lot STORAGE FACILITY where the
vehicle is located; and
(C) A description of the abandoned motor vehicle, including the
make, model, color, and year; the number, issuing state, and expiration date
of the license plate; and the vehicle identification number.
(II) A
N OPERATOR IS DEEMED TO HAVE COMPLIED WITH SUBSECTION
(2)(a)(I) OF THIS SECTION IF:
(A) T
HE OPERATOR GAVE THE LOCATION OF THE STORAGE FACILITY
TO THE LAW ENFORCEMENT AGENCY WHEN OBTAINING AUTHORIZATION FOR
THE TOW
; OR
(B) THE OPERATOR MADE TWO OR MORE ATTEMPTS , WITHIN THE
THIRTY MINUTES REQUIRED IN SUBSECTION
(2)(a)(I) OF THIS SECTION, TO
NOTIFY THE RESPONSIBLE LAW ENFORCEMENT AGENCY BUT WAS
UNSUCCESSFUL FOR REASONS BEYOND THE CONTROL OF THE OPERATOR
.
(b) Upon such notification
RECEIVING THE NOTICE REQUIRED IN
SUBSECTION
(2)(a) OF THIS SECTION, the law enforcement agency that
receives such
THE notice shall:
(I) Assign the vehicle a tow report number immediately;
(II) shall
Enter the vehicle and the fact that it has been towed in the
Colorado crime information center computer system; and
(III) shall Ascertain, if possible, whether or not the vehicle has been
reported stolen, and, if so, reported, such THE agency shall:
(A) Recover and secure the motor vehicle;
(B) and
Notify its rightful owner; and
PAGE 2-HOUSE BILL 22-1314 (C) Terminate the abandonment proceedings under this part 21.
(c) Upon the release of the vehicle to the owner or lienholder, the
operator shall notify the responsible law enforcement agent, who shall
adjust or delete the entry in the Colorado crime information center computer
system. The responsible law enforcement agency and operator shall
have
the right to recover from the owner their reasonable fees for recovering and
securing the vehicle. Nothing in this section shall be construed to authorize
AUTHORIZES fees for services that were not provided or that were provided
by another person or entity.
(3) (a) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS
BEEN TOWED
, an operator shall no less than two days, but no more than ten
days after a motor vehicle has been towed or abandoned, report such THE
motor vehicle tow to the department by first-class or certified mail, by
personal delivery, or by internet communication. which THE report shall
MUST be on a form prescribed and supplied by the department.
(c) (I) (A) N
OT MORE THAN TEN DAYS AFTER A MOTOR VEHICLE HAS
BEEN TOWED
, an operator or its agent shall no less than two days, but no
more than ten days after a motor vehicle has been towed or abandoned,
determine who the owner is and if WHETHER there is a lienholder and send
NOTIFY THE OWNER AND ANY LIENHOLDER BY SENDING a notice by certified
mail, return receipt requested, to the address of the owner and any
lienholder as determined from records of the department or from the
national search performed by the department
IN ACCORDANCE WITH
SUBSECTION
(3)(c)(IV) OF THIS SECTION. AN OPERATOR SHOULD WAIT
TWENTY
-FOUR HOURS AFTER THE TOW TO NOTIFY THE OWNER AND ANY
LIENHOLDER AND SEND THE NOTICE AS SOON AS REASONABLY PRACTICAL
AFTER THE TWENTY
-FOUR HOURS. AN OPERATOR SHALL NOT CHARGE MORE
THAN SEVENTY
-FIVE DOLLARS TO SEND THE NOTICE.
(D) The cost of complying with this paragraph (c)
SUBSECTION
(3)(c) is a cost of towing. except that the total of all costs of complying with
this section shall not exceed one hundred fifty dollars. The tow operator
shall send the notice to the owner and lienholder within five days after
receiving the information from the department
IN ACCORDANCE WITH
SUBSECTION
(3)(c)(I)(A) OF THIS SECTION.
(II) The operator shall
IS not be entitled to recover any daily storage
PAGE 3-HOUSE BILL 22-1314 fees from the day the vehicle is towed until the day the OPERATOR SENDS
THE
owner and ANY lienholder are notified, unless the operator reasonablyattempts to notify the owner and lienholder by the date specified in
subparagraph (I) of this paragraph (c). Sending a notice by certified mail,
return receipt requested, to the owner and the lienholder as represented in
department records shall be deemed a reasonable attempt to notify the
owner and the lienholder. Failure to notify the owner and the lienholder due
to the receipt of erroneous information from the department shall not cause
the loss of such storage fees accrued from the date the vehicle is towed until
the owner and the lienholder receive such notice THE NOTICE REQUIRED IN
SUBSECTION
(3)(c)(I) OF THIS SECTION; EXCEPT THAT THE OPERATOR MAY
CHARGE FOR THE FIRST TWENTY
-FOUR HOURS OF STORAGE IN ACCORDANCE
WITH SECTION
40-10.1-405 (1)(c)(I).
(4) Within three days after the receipt of the records set forth in
subsection (3)(c) of this section from the department, the operator shall
notify by certified mail the owner of record, including an out-of-state owner
of record. The operator shall make a reasonable effort to ascertain the
address of the owner of record. The notice must contain the following
information:
(b) The claim of any lien under section 42-4-2105;
SECTION 2. In Colorado Revised Statutes, 42-4-2104, amend
(1)(a) and (4) as follows:
42-4-2104. Appraisal of abandoned motor vehicles - sale.
(1) (a) T
O SELL A motor vehicles that are
VEHICLE THAT WAS abandoned on
private property, shall be appraised and sold by the operator MUST SELL THE
MOTOR VEHICLE
in a commercially reasonable manner at a public or private
sale held not less than thirty days nor more than sixty days after the
postmarked date the notice was mailed pursuant to section 42-4-2103 (4) or
the date the operator receives notice that no record exists for such vehicle.
Such sale shall be made
THE OPERATOR MUST MAKE THE SALE to a licensed
motor vehicle dealer or wholesaler, or wholesale motor vehicle auction
dealer, or through a classified newspaper advertisement published in
Colorado. T
HE APPRAISAL MUST BE PERFORMED BY AN INDEPENDENT THIRD
PERSON
. For purposes of this section, a sale shall not be considered IS NOT
commercially reasonable if:
PAGE 4-HOUSE BILL 22-1314 (I) The vehicle's appraisal value is more than three hundred fifty
dollars and the vehicle is sold to an officer or partner of the operator that
has possession of the vehicle or to any other person with a proprietary
interest in such
THE operator; OR
(II) THE OPERATOR FAILS TO SET THE SALE PRICE AT THE TIME OF
SALE
, LIST THE FAIR MARKET PRICE AT THE TIME OF SALE, OR REPORT THE
SALE
; OR REPORT THE SALE PRICE TO THE DEPARTMENT WITHIN FIVE
BUSINESS DAYS AFTER THE SALE
.
(4) Transferring the title of a motor vehicle to an operator to satisfy
a debt covered by a lien created pursuant to this part 21 shall
INCURRED IN
TOWING AN ABANDONED VEHICLE IS
not be
deemed to be the sale of a motor
vehicle.
SECTION 3. In Colorado Revised Statutes, 42-4-2105, amend (1)
and (3) as follows:
42-4-2105. Liens upon towed motor vehicles. (1) (a) Whenever
IN ACCORDANCE WITH THE ATTACHMENT SCHEDULE IN SUBSECTION (1)(b)
OF THIS SECTION, an operator who is registered with the department in
accordance with subsection (2) of this section recovers, removes, or stores
a motor vehicle upon instructions from the owner of record
OR any other
legally authorized person in control of such THE motor vehicle, or from the
owner or lessee of real property upon which a motor vehicle is illegally
parked or such
ABANDONED OR THE owner's or lessee's agent authorized in
writing, such THE operator shall have HAS a possessory lien, subject to the
provisions of section 42-4-2103 (3), upon such THE motor vehicle and its
attached accessories, equipment, and personal property for all the costs and
fees for recovering, towing, and storage as authorized in section 42-4-2108.
Such
THE lien shall be IS a first and prior lien on the motor vehicle, and
such lien shall be IS satisfied before all other charges against such THE
motor vehicle. This subsection (1) shall not apply to personal property if
subsection (3) of this section applies to such personal property.
(b) THE LIEN GRANTED IN SUBSECTION (1)(a) OF THIS SECTION
ATTACHES TO THE MOTOR VEHICLE IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE
:
(I) I
F THE OPERATOR RECOVERED, REMOVED, OR STORED THE MOTOR
PAGE 5-HOUSE BILL 22-1314 VEHICLE UPON INSTRUCTIONS FROM THE OWNER OF RECORD OR ANY OTHER
LEGALLY AUTHORIZED PERSON IN CONTROL OF THE MOTOR VEHICLE
, THE
LIEN ATTACHES TO THE MOTOR VEHICLE WHEN THE OPERATOR TAKES
POSSESSION OF THE MOTOR VEHICLE
; OR
(II) IF THE OPERATOR RECOVERED , REMOVED, OR STORED THE
MOTOR VEHICLE UPON INSTRUCTIONS OF THE OWNER OR LESSEE OF REAL
PROPERTY UPON WHICH A MOTOR VEHICLE WAS ILLEGALLY PARKED OR
ABANDONED OR UPON THE OWNER
'S OR LESSEE'S AGENT AUTHORIZED IN
WRITING
, THE LIEN ATTACHES TO THE MOTOR VEHICLE THIRTY DAYS AFTER
THE POSTMARKED DATE THE NOTICE WAS MAILED IN ACCORDANCE WITH
SECTION
42-4-2103 (4) OR THE DATE THE OPERATOR RECEIVED NOTICE THAT
NO RECORD EXISTS FOR THE MOTOR VEHICLE
.
(3) If the operator obtains personal property from an abandoned
vehicle that has been towed pursuant to this part 21 and if the serial or
identification number of such property has been visibly altered or removed,
the operator shall not have a lien upon such property and
shall destroy or
discard such property within five days after disposing of such THE vehicle
pursuant to sections 42-4-2104 and 42-4-2107.
SECTION 4. In Colorado Revised Statutes, amend 42-4-2106 as
follows:
42-4-2106. Perfection of lien. The lien provided for in section
42-4-2105 shall be IS perfected by taking physical possession of the motor
vehicle and its attached accessories, equipment, or personal property and by
sending to the department, within ten working days after the time
possession was taken, a notice containing the information required in the
report to be made under the provisions of
section 42-4-2103. In addition,
such THE LIEN IS NOT PERFECTED UNTIL THE LIEN ATTACHES IN
ACCORDANCE WITH THE SCHEDULE DESCRIBED IN SECTION
42-4-2105 (1)(b).
T
HE report shall
MUST contain a declaration by the operator that a
possessory lien is claimed for all past, present, and future charges, up to the
date of redemption, and that the lien is enforceable and may be foreclosed
pursuant to the provisions of this part 21.
SECTION 5. In Colorado Revised Statutes, amend 42-4-2107 as
follows:
PAGE 6-HOUSE BILL 22-1314 42-4-2107. Sale of abandoned vehicle. (1) A N OPERATOR MAY
SELL
any motor vehicle and its attached accessories and equipment or
personal property within or attached to such
THE vehicle that are not
redeemed by the last-known owner of record or lienholder after such owner
or lienholder has been sent notice of such lien by the operator shall be sold
in accordance with the provisions of section 42-4-2104 THE NOTICE WAS
SENT IN ACCORDANCE WITH SECTION
42-4-2104 (1).
(2) Within five days after foreclosure of the lien pursuant to thissection AT LEAST FIVE DAYS BEFORE A VEHICLE IS SOLD IN ACCORDANCE
WITH SUBSECTION
(1) OF THIS SECTION, the operator shall send a notice to
the law enforcement agency having jurisdiction over the operator. Suchnotice shall THE NOTICE MUST contain a list of personal property found
within the abandoned vehicle that has an intact serial or identification
number and such
EACH serial or identification number. Such notification
shall be made THE OPERATOR SHALL DELIVER THE NOTICE by certified mail,
facsimile machine, or personal delivery.
SECTION 6. In Colorado Revised Statutes, 42-4-2108, amend (1),
(2) introductory portion, and (2)(c); and repeal (2)(b) as follows:
42-4-2108. Proceeds of sale. (1) (a) If the sale of any motor
vehicle, personal property, and attached accessories or equipment under the
provisions of section 42-4-2104 produces an amount less than or equal to
the sum of all charges of the operator, who has perfected his or her lien,
then the operator shall have HAS a valid claim against the owner for the full
amount of such THE charges, less the amount received upon the sale of such
motor vehicle. A
N OPERATOR DOES NOT HAVE A VALID CLAIM IF THE
OPERATOR HAS VIOLATED SECTION
40-10.1-405.
(b) Failure to register such
A vehicle in accordance with this title
shall constitute TITLE 42 IS DEEMED a waiver of such THE owner's right to
be notified pursuant to this part 21. for the purposes of foreclosure of the
lien pursuant to section 42-4-2107. Such Charges shall be SPECIFIED IN
SUBSECTION
(1)(a) OF THIS SECTION ARE assessed in the manner providedfor in paragraph (a) of subsection (2) IN ACCORDANCE WITH SUBSECTION
(2)(a) of this section.
(2) If the sale of any motor vehicle and its attached accessories or
equipment under the provisions of section 42-4-2104 produces an amount
PAGE 7-HOUSE BILL 22-1314 greater than the sum of all charges of the operator who has perfected his or
her THE OPERATOR'S lien:
(b) Any balance remaining after payment pursuant to paragraphs (a)
and (a.5) of this subsection (2) shall be forwarded to the department, and the
department may recover from such balance any taxes, fees, and penalties
due to it with respect to such motor vehicle. The department shall provide
a receipt to the operator within seven days after receiving the money if the
operator provides the department with a postage-paid, self-addressed
envelope.
(c) (I) THE OPERATOR SHALL PAY any balance remaining after
payment pursuant to paragraph (b) of this subsection (2) shall be paid by the
department: MAKING THE PAYMENT REQUIRED IN SUBSECTION (2)(a.5) OF
THIS SECTION IN ACCORDANCE WITH THE FOLLOWING
:
(A) First, to any lienholder of record as the lienholder's interest may
appear upon the records of the department;
(B) Second, to any owner of record as the owner's interest may so
appear; and
(C) then
THIRD, to any person submitting proof of such THE person's
interest in such THE motor vehicle upon the application of such THE
lienholder, owner, or person.
(II) If such payments are not requested and made within One
hundred twenty days after the sale of the abandoned motor vehicle, the
OPERATOR SHALL TRANSFER THE balance, shall be transmitted
AFTER
MAKING THE PAYMENT REQUIRED UNDER SUBSECTIONS
(2)(a) TO (2)(c)(I) OF
THIS SECTION
, to the state treasurer, who shall credit the same to the
highway users tax fund for allocation and expenditure as specified in
section 43-4-205 (5.5)(e), C.R.S. UNCLAIMED PROPERTY TRUST FUND ,
CREATED IN SECTION 38-13-801, AND DISPOSED OF IN ACCORDANCE WITH
ARTICLE
13 OF TITLE 38.
SECTION 7. In Colorado Revised Statutes, 40-10.1-101, amend
(13); and add (1.5), (4.5), and (6.5) as follows:
40-10.1-101. Definitions. As used in this article 10.1, unless the
PAGE 8-HOUSE BILL 22-1314 context otherwise requires:
(1.5) "A
UTHORIZED OR INTERESTED PERSON " MEANS:
(a) T
HE VEHICLE OWNER, AUTHORIZED OPERATOR, OR AUTHORIZED
AGENT OF THE OWNER OF THE VEHICLE
;
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE LIENHOLDER
OF THE VEHICLE
; OR
(c) IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE
COMPANY TO ACT ON BEHALF OF THE OWNER
, THE INSURANCE COMPANY OR
AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE COVERAGE ON
THE VEHICLE
.
(4.5) "C
OMMON PARKING AREA " MEANS ANY PART OF THE
FOLLOWING AREAS THAT ARE NORMALLY USED FOR PARKING
, SUCH AS THE
SIDE OF A STREET OR PARKING SPACES
, THAT AN OWNER DOES NOT HAVE THE
RIGHT TO EXCLUDE OTHER RESIDENTS OF THE FOLLOWING FROM USING FOR
PARKING
:
(a) A
CONDOMINIUM, AS DEFINED IN SECTION 38-33.3-103 (9);
(b) A
COOPERATIVE, AS DEFINED IN SECTION 38-33.3-103 (10);
(c) A
MULTIFAMILY BUILDING, WHICH IS ALSO KNOWN AS AN
APARTMENT COMPLEX
, WITH SEPARATE LIVING QUARTERS THAT ARE RENTED
OR LEASED SEPARATELY
; OR
(d) A MOBILE HOME PARK, AS DEFINED IN SECTION 38-12-201.5 (6).
(6.5) "D
ROP FEE" MEANS A FEE A TOWING OPERATOR CHARGES TO
UNHOOK A VEHICLE FROM A TOW TRUCK
.
(13) "Nonconsensual towing", or
"nonconsensual tow", "TOWED
NONCONSENSUALLY
", "NONCONSENSUALLY TOW ", OR "TOWED WITHOUT
CONSENT
" means the transportation of a motor
vehicle by tow truck FROM
PRIVATE PROPERTY
if such
THE transportation is performed without the prior
consent or authorization of:
PAGE 9-HOUSE BILL 22-1314 (a) The owner or OF THE VEHICLE, AUTHORIZED operator OF THE
VEHICLE
, OR AGENT OF THE OWNER of the motor
vehicle;
(b) T
HE LIENHOLDER OF THE VEHICLE OR AGENT OF THE LIENHOLDER ,
UNLESS THE VEHICLE IS BEING TOWED FOR THE PURPOSE OF REPOSSESSION
UNDER A LIEN AGREEMENT
; OR
(c) IF THE OWNER SIGNS A RELEASE AUTHORIZING AN INSURANCE
COMPANY TO ACT ON BEHALF OF THE OWNER
, THE INSURANCE COMPANY OR
AGENT OF THE INSURANCE COMPANY PROVIDING INSURANCE COVERAGE ON
THE VEHICLE
.
SECTION 8. In Colorado Revised Statutes, 40-10.1-111, amend
(1)(c)(I) as follows:
40-10.1-111. Filing, issuance, and annual fees. (1) A motor carrier
shall pay the commission the following fees in amounts prescribed in this
section or, if not prescribed in this section, as set administratively by the
commission with approval of the executive director of the department of
regulatory agencies:
(c) (I) The filing fee for a permit to operate under part 4 or part 8 of
this article 10.1 is one hundred fifty dollars
ADMINISTRATIVELY SET BY THE
COMMISSION TO COVER THE DIRECT AND INDIRECT COST OF IMPLEMENTING
PARTS
4 AND 8 OF THIS ARTICLE 10.1, BUT THE FEE AMOUNT MUST BE
APPROVED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
REGULATORY AGENCIES
.
SECTION 9. In Colorado Revised Statutes, 40-10.1-401, amend
(2) as follows:
40-10.1-401. Permit requirements. (2) (a) The commission may
deny an application
OR REFUSE TO RENEW A PERMIT under this part 4 of a
person who has, within the immediately preceding five years, been
convicted of, or pled guilty or nolo contendere to, a felony
OR A
TOWING
-RELATED OFFENSE. The commission may also deny an application
under this part 4 or refuse to renew the permit of a towing carrier based
upon a determination that the towing carrier or any of its owners, principals,
officers, members, partners, or directors has not satisfied a civil penalty
arising out of any administrative or enforcement action brought by the
PAGE 10-HOUSE BILL 22-1314 commission.
(b) T
HE COMMISSION MAY DENY AN APPLICATION OR REFUSE TO
RENEW A PERMIT OF A TOWING CARRIER UNDER THIS PART
4 BASED ON A
DETERMINATION THAT THERE IS GOOD CAUSE TO BELIEVE THE ISSUANCE OF
OR RENEWAL OF THE PERMIT IS NOT IN THE PUBLIC INTEREST
. THE
DETERMINATION IS SUBJECT TO APPEAL IN ACCORDANCE WITH COMMISSION
RULES
.
SECTION 10. In Colorado Revised Statutes, 40-10.1-403, amend
(5)(a); and add (4)(d)(I)(C), (4)(d)(I)(D), (4)(d)(I)(E), (4)(d)(I)(F),
(4)(d)(I)(G), (4)(d)(I)(H), and (5)(c) as follows:
40-10.1-403. Towing task force - creation - rules - repeal.
(4) (d) (I) By December 1 of each year, the commission shall make a report
to the house of representatives transportation and local government
committee, the house of representatives business affairs and labor
committee, the senate business, labor, and technology committee, and the
senate transportation and energy committee, or any successor committees.
The report must:
(C) I
NCLUDE THE ANALYSIS REQUIRED IN SUBSECTION (5)(c) OF THIS
SECTION
;
(D) I
NCLUDE THE TASK FORCE'S DEFINITION OF CONSENSUAL TOW
AND NONCONSENSUAL TOW
;
(E) I
NCLUDE THE RANGE OF DOLLAR AMOUNTS CONSIDERED WHEN
SETTING ALL RATES RELATED TO CHARGES BY TOWING CARRIERS FOR
NONCONSENSUAL TOWS
, INCLUDING INFORMATION CONSIDERED FOR THE
MINIMUM AND MAXIMUM RATES FOR ALL FEES CHARGED
, THE FORMULAS FOR
DETERMINING THE ACTUAL COST AND MARKET RATE FOR THE FINAL FEES SET
FOR ALL RATES
, A SUMMARY OF ANY PUBLIC COMMENT OR FEEDBACK
PROVIDED RELATED TO THE RATES SET
, AND ANY OTHER INFORMATION THE
TASK FORCE TOOK INTO CONSIDERATION WHEN ESTABLISHING ALL RATES
;
(F) I
NCLUDE THE TIMES, INCLUDING THE SHORTEST, MEAN, MEDIAN,
MODE, AND LONGEST, TO SETTLE COMPLAINTS MADE TO THE COMMISSION ;
(G) I
NCLUDE THE CATEGORIES OF COMPLAINTS AND THE NUMBER OF
PAGE 11-HOUSE BILL 22-1314 COMPLAINTS IN EACH CATEGORY ; AND
(H) INCLUDE A LIST OF THE TOWING CARRIERS THAT HAVE BEEN
ISSUED A PERMIT
, THE NUMBER OF VALID COMPLAINTS AGAINST EACH
CARRIER
, AND THE ACTION TAKEN BY THE COMMISSION IN RESPONSE TO
EACH VALID COMPLAINT
.
(5) The task force has the following duties and powers:
(a) To make comprehensive recommendations to the commission
about the maximum rates that may be charged for the recovery, towing, and
storage of a vehicle that has been towed without the owner's consent. The
task force shall make comprehensive recommendations to the commission
about the maximum rates after July 1, 2022, but no later than September 1,
2022 November 1, 2022.
(c) T
O ANALYZE AND MAKE RECOMMENDATIONS TO THE COMMISSION
ABOUT NONCONSENSUAL TOWING RATES CHARGED TO THE PUBLIC
. IN
ANALYZING NONCONSENSUAL RATES
, THE TASK FORCE SHALL TAKE INTO
ACCOUNT CURRENT CONSENSUAL TOWING MARKET RATES AND THEIR
RELATIONSHIP TO NONCONSENSUAL TOWING RATES
.
SECTION 11. In Colorado Revised Statutes, add 40-10.1-405,
40-10.1-406, 40-10.1-407, 40-10.1-408, 40-10.1-409, and 40-10.1-410 as
follows:
40-10.1-405. Nonconsensual tows - rights of owners, operators,
and lienholders - rules. (1) Towing fees. (a) T
OWING CARRIERS SHALL
PROMINENTLY DISPLAY AT THEIR PLACE OF BUSINESS AND ON ANY WEBSITE
OF THE TOWING CARRIER THE CURRENT MAXIMUM RATES PERMITTED BY
RULE OF THE COMMISSION FOR EACH TOW SERVICE PROVIDED BY THE
TOWING CARRIER
. THE SIGN MUST INCLUDE THE FOLLOWING STATEMENT :
"T
HE MAXIMUM PERMITTED RATE IS BASED UPON RULES OF THE PUBLIC
UTILITIES COMMISSION
, AND IF THERE ARE CONCERNS OR QUESTIONS ABOUT
THESE RATES OR THE TOWING CARRIER
, THEN CALL THE PUBLIC UTILITIES
COMMISSION CONSUMER AFFAIRS HOTLINE AT
303-894-2070.
(b) (I) A
TOWING CARRIER SHALL ACCEPT:
(A) C
ASH;
PAGE 12-HOUSE BILL 22-1314 (B) MAJOR CREDIT CARDS; AND
(C) OTHER FORMS OF PAYMENT REQUIRED BY RULE OF THE
COMMISSION
.
(II) T
HE COMMISSION SHALL PROMULGATE A RULE DEFINING WHAT
QUALIFIES AS A MAJOR CREDIT CARD FOR THE PURPOSES OF THIS SUBSECTION
(1)(b).
(c) A
TOWING CARRIER SHALL NOT:
(I) C
HARGE STORAGE FEES FOR ANY TWENTY -FOUR-HOUR PERIOD
DURING WHICH THE TOWING CARRIER DID NOT STORE THE VEHICLE
, BUT THE
TOWING CARRIER MAY CHARGE
, IN ACCORDANCE WITH SECTION 42-4-2103
(3)(c),
A PRORATED FEE FOR ANY PART OF A TWENTY -FOUR-HOUR PERIOD
THE TOWING CARRIER STORED THE VEHICLE
; AND
(II) CHARGE OR RETAIN ANY FEES NOT IDENTIFIED IN THE RULES OF
THE COMMISSION FOR THE NONCONSENSUAL TOW OF A VEHICLE FROM
PRIVATE PROPERTY
.
(2) Towing carrier document vehicle's condition and reason for
tow - adequate illumination. (a) B
EFORE A TOWING CARRIER CONNECTS
A TOWING VEHICLE TO A VEHICLE WITHOUT CONSENT
, THE TOWING CARRIER
SHALL DOCUMENT THE VEHICLE
'S CONDITION AND THE REASON FOR THE TOW
BY
:
(I) T
AKING AT LEAST FOUR PHOTOGRAPHS OF THE VEHICLE , WITH AT
LEAST ONE PHOTOGRAPH TAKEN FROM THE FRONT
, ONE PHOTOGRAPH TAKEN
FROM THE REAR
, ONE PHOTOGRAPH TAKEN FROM THE DRIVER 'S SIDE, AND
ONE PHOTOGRAPH TAKEN FROM THE PASSENGER
'S SIDE. THESE
PHOTOGRAPHS MUST
:
(A) S
HOW THE ENTIRE VEHICLE FROM THE REQUIRED ANGLE ;
(B) H
AVE THE VEHICLE FILL AT LEAST THREE -FOURTHS OF THE
PHOTOGRAPH
, MEASURED FROM SIDE TO SIDE; AND
(C) BE RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND
PIXELS BY AT LEAST TWO THOUSAND PIXELS
.
PAGE 13-HOUSE BILL 22-1314 (II) TAKING A PHOTOGRAPH THAT SHOWS THE REASON FOR THE
VEHICLE BEING TOWED WITHOUT CONSENT
. THE PHOTOGRAPH MUST:
(A) S
HOW THE POSITION OF THE VEHICLE IN RELATION TO THE
REASON
, INCLUDING ANY SIGN, THAT THE VEHICLE WAS TOWED; AND
(B) BE RENDERED IN A RESOLUTION OF AT LEAST TWO THOUSAND
PIXELS BY AT LEAST TWO THOUSAND PIXELS
.
(b) U
PON DEMAND BY AN AUTHORIZED OR INTERESTED PERSON , THE
TOWING CARRIER SHALL PROVIDE COPIES OF THE PHOTOGRAPHS REQUIRED
TO BE TAKEN PURSUANT TO SUBSECTION
(2)(a)(I) OR (2)(a)(II) OF THIS
SECTION
.
(c) (I) A
REBUTTABLE PRESUMPTION THAT A TOWING CARRIER
DAMAGED A VEHICLE IS CREATED BY EVIDENCE THAT
:
(A) T
HE TOWING CARRIER HAS FAILED TO PRODUCE PHOTOGRAPHS
OF THE VEHICLE
'S CONDITION IN COMPLIANCE WITH SUBSECTION (2)(b) OF
THIS SECTION
; AND
(B) A VEHICLE HAS SUFFERED DAMAGE .
(II) A
TOWING CARRIER'S FAILURE TO PRODUCE A PHOTOGRAPH OF
THE REASON FOR THE TOW IN COMPLIANCE WITH SUBSECTION
(2)(b) OF THIS
SECTION CREATES A REBUTTABLE PRESUMPTION THAT THE TOWING CARRIER
DID NOT HAVE AUTHORIZATION TO TOW A VEHICLE
.
(d) D
URING BUSINESS HOURS OR WHEN A VEHICLE IS BEING
RELEASED
, A TOWING CARRIER SHALL MAINTAIN AN AREA AT EACH STORAGE
FACILITY WITH LIGHTING THAT IS ADEQUATE TO ALLOW A PERSON TO
INSPECT A VEHICLE FOR DAMAGE PRIOR TO ITS RELEASE FROM STORAGE
.
(3) Authorization and notice required for tows from private
property. (a) A
TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A
VEHICLE FROM PRIVATE PROPERTY UNLESS
:
(I) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A LIEN
OR SECURITY INTEREST IN THE VEHICLE
;
PAGE 14-HOUSE BILL 22-1314 (II) THE REMOVAL IS EXPRESSLY ORDERED OR AUTHORIZED BY A
COURT ORDER
, AN ADMINISTRATIVE ORDER , OR A PEACE OFFICER OR BY
OPERATION OF LAW
;
(III) T
HE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO
EFFECTIVELY OBSTRUCT A PERSON
'S ACCESS TO THE DRIVEWAY OR
ROADWAY
; OR
(IV) THE TOWING CARRIER HAS RECEIVED PERMISSION TO TOW THE
VEHICLE
, WITHIN THE TWENTY-FOUR HOURS IMMEDIATELY PRECEDING THE
TOW
, FROM:
(A) T
HE OWNER OF OR LEASE HOLDER OF THE PRIVATE PROPERTY ;
(B) A
PERSON SUBJECT TO THE "COLORADO COMMON INTEREST
OWNERSHIP ACT", ARTICLE 33.3 OF TITLE 38, IF THE PRIVATE PROPERTY IS
LOCATED WITHIN THE BOUNDARIES OF THE PERSON
'S AREA OF OPERATION;
OR
(C) AN AGENT OF A PERSON DESCRIBED IN SUBSECTION (3)(a)(IV)(A)
OR (3)(a)(IV)(B) OF THIS SECTION; EXCEPT THAT THE TOWING CARRIER DOES
NOT QUALIFY AS AN AGENT WITH AUTHORITY TO GRANT PERMISSION UNDER
THIS SUBSECTION
(3)(a).
(b) (I) E
XCEPT AS PROVIDED IN SUBSECTION (3)(b)(IV) OF THIS
SECTION
, A TOWING CARRIER SHALL NOT NONCONSENSUALLY TOW A
VEHICLE FROM A PARKING SPACE OR COMMON PARKING AREA WITHOUT THE
TOWING CARRIER OR PROPERTY OWNER GIVING THE VEHICLE OWNER OR
OPERATOR TWENTY
-FOUR HOURS' WRITTEN NOTICE, UNLESS:
(A) T
HE VEHICLE OWNER OR OPERATOR HAS RECEIVED TWO
PREVIOUS NOTICES FOR PARKING INAPPROPRIATELY IN THE SAME MANNER
;
(B) T
HE VEHICLE IS BEING REPOSSESSED BY A CREDITOR WITH A LIEN
OR SECURITY INTEREST IN THE VEHICLE
;
(C) T
HE REMOVAL IS EXPRESSLY ORDERED OR AUTHORIZED BY A
COURT ORDER
, AN ADMINISTRATIVE ORDER , OR A PEACE OFFICER OR BY
OPERATION OF LAW
;
PAGE 15-HOUSE BILL 22-1314 (D) THE VEHICLE BLOCKS A DRIVEWAY OR ROADWAY ENOUGH TO
EFFECTIVELY OBSTRUCT A PERSON
'S ACCESS TO THE DRIVEWAY OR
ROADWAY
;
(E) T
HE VEHICLE IS PARKED IN VIOLATION OF SECTION 42-4-1208 (4)
OR IN RESERVED PARKING FOR PEOPLE WITH DISABILITIES WITHOUT
DISPLAYING AN IDENTIFYING PLACARD OR AN IDENTIFYING PLATE
, AS THOSE
TERMS ARE DEFINED IN SECTION
42-3-204 (1)(f) AND (1)(g), THAT IS
CURRENTLY VALID OR HAS BEEN EXPIRED FOR NO MORE THAN SIXTY DAYS
;
(F) T
HE VEHICLE IS PARKED IN OR EFFECTIVELY OBSTRUCTING A
DESIGNATED AND MARKED FIRE ZONE
;
(G) T
HE VEHICLE IS OCCUPYING WITHOUT PERMISSION OR
EFFECTIVELY OBSTRUCTING ACCESS TO OR FROM AN INDIVIDUALLY
DESIGNATED
, RENTED, OR PURCHASED PARKING SPACE OF A RESIDENT ; OR
(H) THE VEHICLE IS PARKED WITHOUT DISPLAYING VALID
AUTHORIZATION IN A PARKING LOT MARKED FOR THE EXCLUSIVE USE OF
RESIDENTS
.
(II) T
HE TOWING CARRIER OR PROPERTY OWNER SHALL PROVIDE THE
NOTICE DESCRIBED IN SUBSECTION
(3)(b)(I) OF THIS SECTION BY PLACING A
WRITTEN NOTICE ON THE WINDSHIELD OF THE VEHICLE AT LEAST
TWENTY
-FOUR HOURS BEFORE TOWING THE VEHICLE .
(III) T
HE NOTICE MUST STATE CLEARLY:
(A) T
HAT THE VEHICLE WILL BE TOWED WITHOUT CONSENT IF THE
VEHICLE REMAINS PARKED INAPPROPRIATELY
;
(B) A
DESCRIPTION OF THE INAPPROPRIATE PARKING THAT HAS
CAUSED THE NOTICE TO BE GIVEN
;
(C) T
HE TIME THE VEHICLE WILL BE TOWED IF IT IS NOT MOVED TO
APPROPRIATE PARKING OR THE INAPPROPRIATE PARKING HAS BEEN
CORRECTED
; AND
(D) THAT CONTINUING TO PARK INAPPROPRIATELY IN THE SAME
MANNER MAY LEAD TO THE VEHICLE BEING TOWED WITHOUT NOTICE
.
PAGE 16-HOUSE BILL 22-1314 (IV) IF THE VEHICLE IS PARKED A THIRD OR SUBSEQUENT TIME IN THE
SAME INAPPROPRIATE MANNER THAT CAUSED IT TO RECEIVE PREVIOUS
NOTICES
, THE TOWING CARRIER OR PROPERTY OWNER NEED NOT GIVE THE
NOTICE REQUIRED IN SUBSECTION
(3)(b)(I) OF THIS SECTION BEFORE TOWING
THE VEHICLE
.
(V) F
OR PURPOSES OF THIS SUBSECTION (3)(b), A VEHICLE IS PARKED
INAPPROPRIATELY WHEN IT IS PARKED IN A MANNER THAT
:
(A) V
IOLATES THE PROCEDURES NECESSARY TO OBTAIN
AUTHORIZATION TO PARK IN THE LOT OR SPACE
;
(B) F
AILS TO COMPLY WITH THE PROPERTY OWNER 'S SIGNS OR THE
AGREEMENTS OF THE TENANTS
; OR
(C) VIOLATES A STATUTE, RULE, ORDINANCE, OR RESOLUTION OF THE
STATE OR A POLITICAL SUBDIVISION OF THE STATE
.
(c) I
N ORDER FOR A TOWING CARRIER TO CONDUCT A
NONCONSENSUAL TOW UNDER SUBSECTION
(3)(b)(I)(G) OR (3)(b)(I)(H) OF
THIS SECTION
, THE PROPERTY OWNER MUST HAVE POSTED SIGNAGE VISIBLE
AND FACING THE DRIVER AT EACH ENTRY WAY INTO A PARKING AREA
INDICATING THAT PARKING SPACES ARE DESIGNATED FOR ONE OR MORE
SPECIFIED RESIDENTS AND THAT A VEHICLE PARKED WITHOUT
AUTHORIZATION IS SUBJECT TO BEING TOWED
. THE SIGN MUST ALSO
CONTAIN THE INTERNATIONAL TOWING SYMBOL NO SMALLER THAN FOUR
INCHES BY FOUR INCHES AND BE PERMANENTLY MOUNTED IN A POSITION
THAT IS NO LOWER THAN FIVE FEET AND NO HIGHER THAN EIGHT FEET
.
(4) Notice, disclosures, and signs. (a) I
N CONNECTION WITH A
NONCONSENSUAL TOW
, THE TOWING CARRIER SHALL PROVIDE , UPON
REQUEST
, EVIDENCE OF THE TOWING CARRIER 'S COMMERCIAL LIABILITY
INSURANCE COVERAGE
, INCLUDING CARGO LIABILITY COVERAGE , GARAGE
KEEPER
'S LIABILITY COVERAGE, IF APPLICABLE, AND MOTOR VEHICLE
LIABILITY COVERAGE
, TO AN AUTHORIZED OR INTERESTED PERSON .
(b) A
TOWING CARRIER SHALL MAINTAIN A CLEARLY VISIBLE SIGN AT
THE ENTRANCE TO THE STORAGE FACILITY HOLDING A NONCONSENSUALLY
TOWED VEHICLE
. THE SIGN MUST:
PAGE 17-HOUSE BILL 22-1314 (I) STATE THE NAME OF THE BUSINESS, TELEPHONE NUMBER, AND
HOURS OF OPERATION
;
(II) S
TATE: "IF A VEHICLE IS NONCONSENSUALLY TOWED FROM
PRIVATE PROPERTY
, THE OWNER MAY RETRIEVE THE CONTENTS OF THE
VEHICLE EVEN IF THE OWNER DOES NOT PAY THE TOWING CARRIER
'S FEES. IF
THE OWNER FILLS OUT THE APPROPRIATE FORM
, THE OWNER MAY RETRIEVE
THE VEHICLE AFTER PAYING A REDUCED FEE
, BUT THE OWNER STILL OWES
THE TOWING CARRIER THE BALANCE OF THOSE FEES
."
(III) B
E NO LESS THAN TWO SQUARE FEET IN SIZE;
(IV) H
AVE LETTERING NOT LESS THAN TWO INCHES IN HEIGHT ;
(V) H
AVE LETTERING THAT CONTRASTS SHARPLY IN COLOR WITH THE
BACKGROUND ON WHICH THE LETTERS ARE PLACED
; AND
(VI) BE PRINTED IN ENGLISH.
(c) U
PON REQUEST, A TOWING CARRIER SHALL PROVIDE TO AN
AUTHORIZED OR INTERESTED PERSON AN ITEMIZED BILL SHOWING EACH
CHARGE AND THE RATE FOR EACH FEE THAT THE AUTHORIZED OR
INTERESTED PERSON HAS INCURRED AS A RESULT OF A NONCONSENSUAL
TOW
.
(d) U
PON REQUEST, A TOWING CARRIER SHALL DISCLOSE ACCEPTED
FORMS OF PAYMENT
, INCLUDING THOSE REQUIRED TO BE ACCEPTED IN
ACCORDANCE WITH SUBSECTION
(1)(b) OF THIS SECTION.
(e) I
F A TOWING CARRIER HAS NONCONSENSUALLY TOWED A VEHICLE
FROM PRIVATE PROPERTY
, THE TOWING CARRIER SHALL GIVE THE
AUTHORIZED OR INTERESTED PERSON THAT IS RETRIEVING THE VEHICLE A
WRITTEN NOTICE OF THE PERSON
'S ABILITY TO MAKE A COMPLAINT TO THE
COMMISSION
. THE NOTICE:
(I) M
UST BE WRITTEN IN A CONSPICUOUS TYPE FACE AND FONT ON
THE INVOICE
, THE RECEIPT, AND THE BILL FOR THE TOW; AND
(II) MUST NOT BE IN A TYPE FACE OR FONT THAT IS SMALLER THAN
THE OTHER NUMBERS OR WORDS ON THE RECEIPT OR BILL
, AS APPLICABLE.
PAGE 18-HOUSE BILL 22-1314 (f) (I) A TOWING CARRIER SHALL NOT PERFORM A NONCONSENSUAL
TOW OF A VEHICLE
, OTHER THAN AN ABANDONED MOTOR VEHICLE AS
DEFINED IN SECTION
42-4-2102 (1), FROM PRIVATE PROPERTY NORMALLY
USED FOR PARKING UNLESS
:
(A) N
OTICE OF THE PARKING REGULATIONS WAS PROVIDED TO THE
VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE PRIVATE PROPERTY
AND PARKED
; AND
(B) NOTICE THAT ANY VEHICLE PARKED IN VIOLATION OF THE
REGULATIONS IS SUBJECT TO TOW AT THE VEHICLE OWNER
'S EXPENSE WAS
PROVIDED TO THE VEHICLE OPERATOR WHEN THE VEHICLE ENTERED THE
PRIVATE PROPERTY AND PARKED
.
(II) A
PROPERTY OWNER WITH TENANTS SHALL PROVIDE THE NOTICE
DESCRIBED IN THIS SUBSECTION
(4)(f) BY ISSUING EACH TENANT A WRITTEN
DOCUMENT CONTAINING ANY APPLICABLE PARKING REGULATIONS BEFORE
THE REGULATIONS ARE ADOPTED OR AMENDED OR BEFORE THE PERSON
AGREES TO BE A TENANT
.
(III) A
TOWING CARRIER THAT ENTERS INTO AN AGREEMENT WITH A
PROPERTY OWNER TO NONCONSENSUALLY TOW VEHICLES FROM THE
PROPERTY SHALL POST SIGNS THAT
:
(A) A
RE NO LESS THAN ONE SQUARE FOOT IN SIZE;
(B) H
AVE LETTERING NOT LESS THAN ONE INCH IN HEIGHT ;
(C) H
AVE LETTERING THAT CONTRASTS WITH THE BACKGROUND ON
WHICH THE LETTERS ARE PLACED
;
(D) S
TATE: "AUTHORIZED PARKING ONLY";
(E) I
NCLUDE THE NAME AND TELEPHONE NUMBER OF THE TOWING
CARRIER AUTHORIZED TO PERFORM TOWS FROM THE PRIVATE PROPERTY
;
(F) A
RE PRINTED IN ENGLISH;
(G) A
RE PLACED AT THE ENTRANCE TO THE PRIVATE PROPERTY , FACE
OUTWARD TOWARD THE STREET
, AND ARE VISIBLE PRIOR TO ENTERING AND
PAGE 19-HOUSE BILL 22-1314 UPON ENTERING THE PRIVATE PROPERTY ;
(H) A
RE PLACED INSIDE THE AREA USED FOR PARKING, FACE TOWARD
THE PARKING SPACES
, AND, IF THE PRIVATE PROPERTY IS NOT PROVIDED FOR
RESIDENTIAL PARKING AND HAS MORE THAN TEN FREESTANDING LAMPPOSTS
ON THE PROPERTY
, ARE POSTED ON EACH LAMPPOST OR POSTED UPRIGHT
NEAR EACH LAMPPOST
;
(I) A
RE NOT OBSTRUCTED OR PLACED IN SUCH A MANNER THAT
PREVENTS VISIBILITY
; AND
(J) ARE NOT PLACED HIGHER THAN EIGHT FEET OR LOWER THAN
THREE FEET FROM THE GR OUND SURFACE CLOSEST TO THE SIGN
'S
PLACEMENT
.
(g) T
HE TOWING CARRIER SHALL RETAIN EVIDENCE , INCLUDING
PHOTOGRAPHS OF THE RELEVANT SIGNS
, OF GIVING THE NOTICES AND
DISCLOSURES REQUIRED IN SUBSECTION
(4)(f) OF THIS SECTION FOR THREE
YEARS AFTER THE DATE OF COMPLETION OF A NONCONSENSUAL TOW AND
PROVIDE THE EVIDENCE TO THE COMMISSION OR AN ENFORCEMENT OFFICIAL
UPON REQUEST
.
(5) No mechanic's liens on vehicle or contents.
(a) N
OTWITHSTANDING SECTION 38-20-105, A TOWING CARRIER THAT
NONCONSENSUALLY TOWS A VEHICLE DOES NOT HAVE A MECHANIC
'S LIEN ON
THE CONTENTS OF THE VEHICLE TO COVER THE COST OF TOWING THE
VEHICLE
.
(b) I
F AN AUTHORIZED OR INTERESTED PERSON REQUESTS THAT A
TOWING CARRIER RETURN THE CONTENTS OF A VEHICLE THAT WAS TOWED
WITHOUT CONSENT WITHIN THIRTY DAYS AFTER THE POSTMARKED DATE THE
NOTICE WAS MAILED IN ACCORDANCE WITH SECTION
42-4-2103 (4) OR THE
DATE THE OPERATOR RECEIVED NOTICE THAT NO RECORD EXISTS FOR THE
MOTOR VEHICLE
, THE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE OR
ALLOW THE AUTHORIZED OR INTERESTED PERSON TO RETRIEVE THE
VEHICLE
'S CONTENTS. THIS SUBSECTION (5)(b) DOES NOT APPLY TO THE
CONTENTS OF A VEHICLE IF THE CONTENTS OF THE VEHICLE ARE SUBJECT TO
A HOLD ORDER ISSUED BY A COURT
, DISTRICT ATTORNEY , LAW
ENFORCEMENT AGENCY
, OR PEACE OFFICER.
PAGE 20-HOUSE BILL 22-1314 (c) THE TOWING CARRIER SHALL IMMEDIATELY RETRIEVE A VEHICLE
THAT HAS BEEN NONCONSENSUALLY TOWED OR ALLOW THE OWNER TO
RETRIEVE THE VEHICLE IF
:
(I) T
HE OWNER PAYS FIFTEEN PERCENT OF THE FEES, NOT TO EXCEED
SIXTY DOLLARS
, OWED THE TOWING CARRIER FOR THE NONCONSENSUAL
TOW
; AND
(II) THE AUTHORIZED OR INTERESTED PERSON IS NOT A LIENHOLDER
OR INSURANCE COMPANY
.
(d) F
OR AN AUTHORIZED OR INTERESTED PERSON TO RETRIEVE A
VEHICLE WITHOUT PAYING THE TOWING CARRIER THE TOTAL AMOUNT OWED
TO THE TOWING CARRIER
, THE AUTHORIZED OR INTERESTED PERSON MUST
SIGN A FORM AFFIRMING THAT THE AUTHORIZED OR INTERESTED PERSON
OWES THE TOWING CARRIER PAYMENT FOR FEES THAT COMPLY WITH THIS
ARTICLE
10.1, PART 21 OF ARTICLE 4 OF TITLE 42, OR ARTICLE 20 OF TITLE
38. KNOWINGLY PROVIDING FALSE INFORMATION ON THE FORM IS
UNLAWFUL
. SIGNING THIS FORM DOES NOT PROHIBIT A VEHICLE OWNER FROM
FILING A COMPLAINT WITH THE COMMISSION OR PURSUING OTHER REMEDIES
.
T
HE TOWING CARRIER MAY USE THE FORM TO TAKE REASONABLE ACTIONS
TO COLLECT THE DEBT
, INCLUDING INITIATING A COURT ACTION OR USING A
COLLECTION AGENCY
. THE DEPARTMENT SHALL:
(I) C
REATE THE FORM;
(II) G
IVE THE FORM THE FOLLOWING TITLE : "TOWED VEHICLE
RELEASE NOTICE: RETRIEVAL WITH PAYMENT OWED"; AND
(III) PROVIDE THE FORM ON THE PUBLIC UTILITIES COMMISSION
WEBSITE FOR TOWING CARRIERS TO RETRIEVE AND USE
.
(6) Releasing the vehicle upon request. (a) A
TOWING CARRIER
SHALL RELEASE A NONCONSENSUALLY TOWED VEHICLE IN ACCORDANCE
WITH SUBSECTION
(5)(c) OF THIS SECTION.
(b) A
TOWING CARRIER SHALL NOT ASSESS A DROP CHARGE TO
RELEASE THE VEHICLE AFTER THE VEHICLE IS HOOKED UP TO THE TOW TRUCK
BUT BEFORE THE VEHICLE IS REMOVED FROM THE PROPERTY
.
PAGE 21-HOUSE BILL 22-1314 (c) IF APPROACHED BY AN AUTHORIZED OR INTERESTED PERSON
BEFORE THE VEHICLE IS REMOVED FROM PRIVATE PROPERTY
, THE TOWING
CARRIER SHALL NOTIFY THE AUTHORIZED OR INTERESTED PERSON THAT THE
TOWING CARRIER IS REQUIRED TO RELEASE THE VEHICLE UPON REQUEST OF
THE AUTHORIZED OR INTERESTED PERSON
.
(d) U
PON REQUEST BY THE AUTHORIZED OR INTERESTED PERSON , THE
TOWING CARRIER SHALL STOP ANY TOW IN PROGRESS BEFORE THE VEHICLE
IS REMOVED FROM PRIVATE PROPERTY
.
(7) No towing for expired registration. U
NLESS THE TOW IS BASED
ON AN ORDER GIVEN BY A PEACE OFFICER
, A TOWING CARRIER SHALL NOT
TOW A VEHICLE FROM PRIVATE PROPERTY BECAUSE THE REAR LICENSE PLATE
OF THE VEHICLE OR THE RECORD OBTAINED USING THE SYSTEM DESCRIBED
IN SECTION
42-4-2103 (3)(c)(III) INDICATES THAT THE VEHICLE 'S
REGISTRATION HAS EXPIRED
.
(8) Towing carrier responsibility. F
OR A NONCONSENSUAL TOW ,
THE TOWING CARRIER IS RESPONSIBLE FOR THE SECURITY AND SAFETY OF
THE TOWED VEHICLE UNTIL IT IS RELEASED TO AN AUTHORIZED OR
INTERESTED PERSON
.
(9) Applicability. T
HIS SECTION DOES NOT APPLY TO:
(a) A
TOW ORDERED BY A PEACE OFFICER OR TECHNICIAN DIRECTED
BY A PEACE OFFICER IN THE COURSE AND SCOPE OF THE OFFICER
'S OR
TECHNICIAN
'S DUTIES; OR
(b) A TOW FROM A PARKING SPACE THAT SERVES A BUSINESS IF :
(I) T
HE PARKING SPACE IS NOT IN A COMMON PARKING AREA ; AND
(II) THE PARKING SPACE IS ON COMMERCIAL REAL ESTATE , AS
DEFINED IN SECTION
38-22.5-102 (2).
40-10.1-406. Failure to comply. (1) No fees. (a) I
F A TOWING
CARRIER FAILS TO COMPLY WITH THIS ARTICLE
10.1, ARTICLE 20 OF TITLE 38,
OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42 OR ANY RULE PROMULGATED
UNDER THIS ARTICLE
10.1 OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42, THE
TOWING CARRIER
:
PAGE 22-HOUSE BILL 22-1314 (I) SHALL NOT CHARGE OR RETAIN ANY FEES OR CHARGES FOR THE
SERVICES PERFORMED WITH RESPECT TO THE VEHICLE
; AND
(II) SHALL RETURN TO THE AUTHORIZED OR INTERESTED PERSON ANY
FEES IT COLLECTED WITH RESPECT TO THE VEHICLE
.
(b) I
T IS AN AFFIRMATIVE DEFENSE IN ANY ACTION TO COLLECT
TOWING FEES THAT
:
(I) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ; AND
(II) THE TOWING CARRIER FAILED TO COMPLY WITH SECTION
40-10.1-405.
(2) Attorney fees. A
N AUTHORIZED OR INTERESTED PERSON SEEKING
REIMBURSEMENT FOR DAMAGES MAY RECOVER FROM THE TOWING CARRIER
REASONABLE ATTORNEY FEES IF
:
(a) T
HE VEHICLE WAS TOWED NONCONSENSUALLY ;
(b) A
COURT HOLDS THAT:
(I) T
HE TOWING CARRIER FAILED TO COMPLY WITH THIS ARTICLE
10.1, ARTICLE 20 OF TITLE 38, OR PART 18 OR 21 OF ARTICLE 4 OF TITLE 42
OR ANY RULE PROMULGATED UNDER THIS ARTICLE 10.1 OR PART 18 OR 21 OF
ARTICLE
4 OF TITLE 42, AND THIS FAILURE CAUSED DAMAGES , INCLUDING
ECONOMIC DAMAGES
, TO THE VEHICLE OWNER OR LIENHOLDER ; OR
(II) THE TOWING CARRIER DAMAGED A VEHICLE WHILE CONNECTING
IT TO A TOWING VEHICLE
, WHILE POSSESSING THE VEHICLE , OR WHILE
RETURNING THE VEHICLE TO AN AUTHORIZED OR INTERESTED PERSON
; AND
(c) THE AUTHORIZED OR INTERESTED PERSON DEMANDED
REIMBURSEMENT FOR THE SUFFERED DAMAGES AND THE TOWING CARRIER
REFUSED TO REIMBURSE THE AUTHORIZED OR INTERESTED PERSON FOR THE
DAMAGES
.
(3) Damages recovered for party in interest. I
N A COURT ACTION
ARISING FROM A NONCONSENSUAL TOW
, ANY AUTHORIZED OR INTERESTED
PERSON MAY RECOVER THE DAMAGES SUFFERED BY ANOTHER AUTHORIZED
PAGE 23-HOUSE BILL 22-1314 OR INTERESTED PERSON FROM A TOWING CARRIER IF THE PERSON WHO
RECOVERS THE DAMAGES REIMBURSES THE OTHER AUTHORIZED OR
INTERESTED PERSON FOR THE DAMAGES SUFFERED BY THE AUTHORIZED OR
INTERESTED PERSON
. A COURT MAY ISSUE AN ORDER IMPLEMENTING THIS
SUBSECTION
(3).
40-10.1-407. Records. (1) A
TOWING CARRIER SHALL RECORD THE
FOLLOWING INFORMATION FOR EACH NONCONSENSUAL TOW
:
(a) T
HE UNIQUE SERIAL NUMBER OF THE TOW RECORD OR INVOICE ;
(b) T
HE NAME, ADDRESS, TOWING CARRIER PERMIT NUMBER , AND
TELEPHONE NUMBER OF THE TOWING CARRIER
;
(c) T
HE ADDRESS AND TELEPHONE NUMBER OF THE STORAGE
FACILITY USED BY THE TOWING CARRIER
;
(d) T
HE MAKE, MODEL, YEAR, COMPLETE VEHICLE IDENTIFICATION
NUMBER
, AND LICENSE PLATE NUMBER , IF AVAILABLE, OF THE TOWED
VEHICLE
;
(e) T
HE ORIGIN ADDRESS OF THE TOW, THE DESTINATION ADDRESS OF
THE TOW
, AND THE ONE-WAY MILEAGE BETWEEN THE TWO ADDRESSES ;
(f) T
HE PRINTED NAME, ADDRESS, TELEPHONE NUMBER , AND
SIGNATURE OF THE PERSON AUTHORIZING THE TOW
;
(g) T
HE PRINTED NAME AND SIGNATURE OF THE TOW TRUCK DRIVER ;
(h) A
N ITEMIZED INVOICE OF ALL TOWING CHARGES ASSESSED ;
(i) T
HE SIGNATURE OF THE PERSON TO WHOM THE VEHICLE IS
RELEASED
; EXCEPT THAT THE TOWING CARRIER MAY WRITE "REFUSED TO
SIGN
" IF THE PERSON TO WHOM THE VEHICLE IS RELEASED REFUSES TO SIGN
THE RELEASE DOCUMENT
;
(j) T
HE DATE AND TIME OF ANY OF THE FOLLOWING , IF PERFORMED:
(I) H
OOKING THE VEHICLE TO THE TOW TRUCK ;
PAGE 24-HOUSE BILL 22-1314 (II) UNHOOKING THE VEHICLE FROM THE TOW TRUCK ;
(III) C
OMPLETING THE TOW;
(IV) N
OTIFYING THE APPROPRIATE LAW ENFORCEMENT AGENCY ;
(V) P
LACING THE VEHICLE IN STORAGE; AND
(VI) RELEASING THE TOWED VEHICLE FROM STORAGE ; AND
(k) ANY OTHER INFORMATION REQUIRED BY RULE OF THE
COMMISSION
.
(2) A
TOWING CARRIER SHALL RECORD THE INFORMATION REQUIRED
TO BE RECORDED BY SUBSECTION
(1) OF THIS SECTION BEFORE THE ACTION
TO WHICH IT REFERS IS PERFORMED
, UNLESS IMPRACTICABLE DUE TO SAFETY
CONCERNS
. IF THE SAFETY CONCERNS DELAY RECORDING THE INFORMATION
REQUIRED BY SUBSECTION
(1) OF THIS SECTION, THE TOWING CARRIER SHALL
RECORD THE INFORMATION AS SOON AS REASONABLY POSSIBLE
.
(3) A
TOWING CARRIER SHALL RETAIN THE INFORMATION REQUIRED
IN SUBSECTION
(1) OF THIS SECTION FOR THREE YEARS AFTER THE TOW
COMMENCED
.
(4) W
ITHIN FORTY-EIGHT HOURS AFTER A REQUEST , A TOWING
CARRIER SHALL PROVIDE THE INFORMATION REQUIRED TO BE RECORDED BY
SUBSECTION
(1) OF THIS SECTION TO AN AUTHORIZED OR INTERESTED
PERSON
.
40-10.1-408. Kickbacks prohibited. A
TOWING CARRIER SHALL NOT
PAY MONEY OR OTHER VALUABLE CONSIDERATION FOR THE PRIVILEGE OF
NONCONSENSUALLY TOWING VEHICLES
.
40-10.1-409. Violators subject to penalties. (1) A
TOWING
CARRIER THAT VIOLATES THIS PART
4 IS SUBJECT TO THE PENALTIES
PROVIDED IN SECTION
40-10.1-114.
(2) A
VIOLATION OF THIS PART 4 IS A DECEPTIVE TRADE PRACTICE
UNDER SECTION
6-1-105 (1)(ttt) AND IS SUBJECT TO ENFORCEMENT BY THE
ATTORNEY GENERAL
'S OFFICE IN ADDITION TO THE ENFORCEMENT
PAGE 25-HOUSE BILL 22-1314 DESCRIBED IN THIS SECTION.
40-10.1-410. Towing rules. U
PON MAKING A FINDING THAT A
TOWING PRACTICE HARMS THE PUBLIC INTEREST
, THE COMMISSION MAY
PROMULGATE RULES
, AS NECESSARY, TO STOP OR CHANGE THE TOWING
PRACTICE THAT HARMS THE PUBLIC INTEREST
.
SECTION 12. In Colorado Revised Statutes, 6-1-105, add (1)(ttt)
as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(ttt) V
IOLATES PART 4 OF ARTICLE 10.1 OF TITLE 40.
SECTION 13. In Colorado Revised Statutes, amend 38-20-105 as
follows:
38-20-105. Lien of common carrier. (1) E
XCEPT AS PROVIDED IN
SUBSECTION
(2) OF THIS SECTION, every common carrier of goods or
passengers who, at the request of the owner of any personal goods, carries,
conveys, or transports the same from one place to another and every other
person who safely keeps or stores any personal property at the request of the
owner or person lawfully in possession thereof shall have
OF THE PERSONAL
PROPERTY HAS
a lien upon all such
THE personal property for his reasonable
charges for the transportation, storage, or keeping thereof OF THE PERSONAL
PROPERTY
and for all reasonable and proper advances made thereon
by him
THE COMMON CARRIER OR WAREHOUSE , in accordance with the usage and
custom of common carriers and warehousemen WAREHOUSES.
(2) I
N ACCORDANCE WITH SECTION 40-10.1-405 (5)(a), THIS SECTION
DOES NOT GRANT A TOWING CARRIER A LIEN ON THE CONTENTS OF A VEHICLE
IF THE VEHICLE WAS TOWED NONCONSENSUALLY
, AS DEFINED IN SECTION
40-10.1-101 (13).
SECTION 14. Appropriation. (1) For the 2022-23 state fiscal
year, $109,475 is appropriated to the department of regulatory agencies for
use by the public utilities commission. This appropriation is from the public
utilities commission motor carrier fund created in section 40-2-110.5 (6),
PAGE 26-HOUSE BILL 22-1314 C.R.S. To implement this act, the commission may use this appropriation
as follows:
(a) $85,981 for personal services, which amount is based on an
assumption that the commission will require an additional 1.4 FTE;
(b) $17,761 for operating expenses; and
(c) $5,733 for the purchase of vehicle lease services.
(2) For the 2022-23 state fiscal year, $5,733 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of regulatory agencies under subsection (1)(c)
of this section. To implement this act, the department of personnel may use
this appropriation for vehicle replacement lease/purchase services to the
department of regulatory agencies.
SECTION 15. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 27-HOUSE BILL 22-1314 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 28-HOUSE BILL 22-1314