Enrolled Copy H.B. 261
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Towing Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Wayne A. Harper
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LONG TITLE
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General Description:
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This bill amends provisions related to the towing and impoundment of vehicles.
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Highlighted Provisions:
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This bill:
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▸ amends provisions related to impounded or towed vehicles to allow a state impound yard
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or tow yard to release a vehicle to certain individuals beside the owner if certain
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requirements are met;
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▸ requires a private property owner who contracts with a tower to patrol a parking lot to
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publish information about the agreement with the tower for the public to view;
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▸ allows signage for towing and parking restrictions to remain valid if the signage
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substantially conforms with the statutory standards;
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▸ requires a tow truck motor carrier or impound yard to allow an individual to remove
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personal items from a vehicle if the individual has paid the towing fee;
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▸ requires a tow truck motor carrier to provide to the Department of Transportation
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information about each towing dispatch rotation that includes the tow truck motor
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carrier;
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▸ allows the Department of Transportation to require the removal from a towing dispatch
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rotation a tow truck motor carrier that has violated relevant towing laws and regulations;
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▸ prohibits a local government from imposing a maximum rate that deviates from the
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towing rates established by the Department of Transportation in administrative rule; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses: H.B. 261 Enrolled Copy
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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41-6a-1406, as last amended by Laws of Utah 2024, Chapters 134, 319 and 380
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72-9-601, as last amended by Laws of Utah 2017, Chapter 298
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72-9-602, as last amended by Laws of Utah 2017, Chapter 298
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72-9-603, as last amended by Laws of Utah 2024, Chapter 134
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72-9-604, as last amended by Laws of Utah 2024, Chapter 134
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 41-6a-1406 is amended to read:
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41-6a-1406 . Removal and impoundment of vehicles -- Reporting and notification
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requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
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(1) If a vehicle, vessel, or outboard motor is impounded as provided under Section
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41-1a-1101, 41-6a-210, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order
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of a peace officer or by an order of a person acting on behalf of a law enforcement
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agency or highway authority, the impoundment of the vehicle, vessel, or outboard motor
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shall be at the expense of the owner.
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(2) The vehicle, vessel, or outboard motor under Subsection (1) shall be impounded to a
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state impound yard.
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(3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
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removed by a tow truck motor carrier that meets standards established:
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(a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
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(b) by the department under Subsection (11).
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(4)(a) A report described in this Subsection (4) is required for a vehicle, vessel, or
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outboard motor that is impounded as described in Subsection (1).
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(b) Before noon on the next business day after the date of the removal of the vehicle,
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vessel, or outboard motor, a report of the impoundment shall be sent to the Motor
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Vehicle Division, in an electronic format approved by the Motor Vehicle Division,
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by:
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(i) the peace officer or agency by whom the peace officer is employed; and
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(ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
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operator is employed.
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(c) The report shall be in a form specified by the Motor Vehicle Division and shall
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include:
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(i) the operator's name, if known;
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(ii) a description of the vehicle, vessel, or outboard motor;
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(iii) the vehicle identification number or vessel or outboard motor identification
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number;
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(iv) the case number designated by the peace officer, law enforcement agency
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number, or government entity;
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(v) the license number, temporary permit number, or other identification number
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issued by a state agency;
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(vi) the date, time, and place of impoundment;
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(vii) the reason for removal or impoundment;
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(viii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
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outboard motor; and
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(ix) the place where the vehicle, vessel, or outboard motor is stored.
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(d)(i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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the State Tax Commission shall make rules to establish proper format and
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information required on the form described in this Subsection (4).
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(ii) The State Tax Commission shall ensure that the form described in this Subsection
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(4) is provided in an electronic format.
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(e) Until the tow truck operator or tow truck motor carrier reports the removal as
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required under this Subsection (4), a tow truck motor carrier or impound yard may
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not:
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(i) collect any fee associated with the removal; and
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(ii) begin charging storage fees.
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(5)(a) A report described in this Subsection (5) is required for any vehicle, vessel, or
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outboard motor that is removed, except for:
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(i) a vehicle, vessel, or outboard motor that is impounded for a reason described in
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Subsection (1); or
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(ii) a vehicle, vessel, or outboard motor for which a removal is performed in
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accordance with Section 72-9-603.
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(b) For a removal described in Subsection (5)(a), the relevant law enforcement officer
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shall provide documentation to the tow truck operator or tow truck motor carrier that
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includes:
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(i) the name and badge number of the peace officer;
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(ii) the name and originating agency identifier of the law enforcement agency; and
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(iii) the case number designated by the law enforcement officer or law enforcement
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agency.
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(c) For a removal described in Subsection (5)(a), before noon on the next business day
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following the date of the removal of the vehicle, vessel, or outboard motor, the tow
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truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in
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an electronic format approved by the Motor Vehicle Division:
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(i) the report described in Subsection (4); or
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(ii) the report described in Subsection (5)(d).
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(d) For a removal described in Subsection (5)(a), if the tow truck operator or tow truck
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motor carrier does not provide the report described in Subsection (4), the tow truck
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operator or tow truck motor carrier shall provide a report to the Motor Vehicle
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Division that includes:
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(i) the name and badge number of the relevant peace officer;
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(ii) the name and originating agency identifier of the law enforcement agency;
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(iii) the law enforcement agency case number;
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(iv) subject to Subsection (5)(e), the vehicle identification number and the license
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number, temporary permit number, or other identification number issued by a
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state agency;
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(v) the date and time of the removal of the vehicle, vessel, or outboard motor; and
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(vi) the reason for the removal of the vehicle, vessel, or outboard motor.
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(e) If either the vehicle identification number or the license number, temporary permit
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number, or other identification number issued by a state agency is not available, the
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report shall include:
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(i) as much information as is available from both the vehicle identification number
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and the license plate number of the vehicle, vessel, or outboard motor; and
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(ii) a description of the vehicle, vessel, or outboard motor, including the color, make,
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model, and model year of the vehicle, vessel, or outboard motor.
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(f) Until the tow truck operator or tow truck motor carrier reports the removal as
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required under this Subsection (5), a tow truck motor carrier may not:
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(i) collect any fee associated with the removal; or
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(ii) begin charging storage fees.
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(g) A vehicle, vessel, or outboard motor removed under this Subsection (5) shall be
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removed to:
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(i) a state impound yard; or
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(ii) a location that has been requested by the registered owner at the time of removal,
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if payment is made to the tow truck motor carrier or tow truck operator at the time
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of removal.
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(h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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State Tax Commission may make rules to establish proper format and information
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required on the form described in [Subsection (5)(e)] Subsection (5)(d), including
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submission in an electronic format.
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(6)(a) Except as provided in Subsection (6)(d) and upon receipt of a report described in
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Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner
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described in Section 41-1a-114, to the following parties with an interest in the
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vehicle, vessel, or outboard motor, as applicable:
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(i) the registered owner;
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(ii) any lien holder; or
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(iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard
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motor is currently operating under a temporary permit issued by the dealer, as
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described in Section 41-3-302.
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(b) The notice shall:
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(i) state the date, time, and place of removal, the name, if applicable, of the person
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operating the vehicle, vessel, or outboard motor at the time of removal, the reason
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for removal, and the place where the vehicle, vessel, or outboard motor is stored;
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(ii) state that the registered owner is responsible for payment of towing, impound,
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and storage fees charged against the vehicle, vessel, or outboard motor;
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(iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
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motor is released; and
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(iv) inform the parties described in Subsection (6)(a) of the division's intent to sell the
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vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal
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or impoundment under this section, one of the parties fails to make a claim for
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release of the vehicle, vessel, or outboard motor.
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(c) Except as provided in Subsection (6)(d) and if the vehicle, vessel, or outboard motor
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is not registered in this state, the Motor Vehicle Division shall make a reasonable
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effort to notify the parties described in Subsection (6)(a) of the removal and the place
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where the vehicle, vessel, or outboard motor is stored.
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(d) The Motor Vehicle Division is not required to give notice under this Subsection (6)
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if a report was received by a tow truck operator or tow truck motor carrier reporting a
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tow truck service in accordance with Subsection 72-9-603(1)(a)(i).
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(e)(i) The Motor Vehicle Division shall disclose the information in the report
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described in Subsection (4) and Subsection 72-9-603(1)(a)(i) to a designated agent
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as defined in Section 41-12a-802 regarding a tow that was initiated:
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(A) by law enforcement; or
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(B) without the vehicle owner's consent.
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(ii) The Motor Vehicle Division may rely on the information provided by the tow
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truck operator or tow truck motor carrier to determine if a tow meets the criteria
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described in Subsections (6)(e)(i)(A) and (B).
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(iii) The designated agent may disclose information received regarding a tow
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described in Subsections (6)(e)(i)(A) and (B) to the vehicle owner and to the
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vehicle owner's verified insurance company.
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(iv) The designated agent may not disclose information to a vehicle owner's
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insurance company if the tow does not meet the criteria described in Subsections
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(6)(e)(i)(A) and (B).
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(7)(a) The vehicle, vessel, or outboard motor impounded or removed to a state impound
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yard as described in this section shall be released after a party described in
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Subsection (6)(a) or (7)(f):
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(i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
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the State Tax Commission;
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(ii) presents identification sufficient to prove ownership of the impounded or
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removed vehicle, vessel, or outboard motor;
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(iii) completes the registration, if needed, and pays the appropriate fees;
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(iv) if the impoundment was made under Section 41-6a-527 or Subsection 41-1a-1101
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(3), pays:
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(A) an administrative impound fee of $425; and
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(B) in addition to the administrative fee described in Subsection [(6)(a)(iv)(A)]
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(7)(a)(iv)(A), an administrative testing fee of $30; and
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(v) pays all towing and storage fees to the place where the vehicle, vessel, or
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outboard motor is stored.
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(b)(i) [$29] Twenty-nine dollars of the administrative impound fee assessed under
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Subsection (7)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division.
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(ii) One-hundred and forty-seven dollars of the administrative impound fee assessed
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under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public
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Safety Restricted Account created in Section 53-3-106.
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(iii) Twenty dollars of the administrative impound fee assessed under Subsection
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(7)(a)(iv)(A) shall be deposited into the Brain and Spinal Cord Injury Fund
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created in Section 26B-1-318.
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(iv) After the distributions described in Subsections (7)(b)(i) through (iii), the
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remainder of the administrative impound fee assessed under Subsection
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(7)(a)(iv)(A) shall be deposited into the General Fund.
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(v) The administrative testing fee described in Subsection [(6)(a)(iv)(B)] (7)(a)(iv)(B)
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shall be deposited into the State Laboratory Drug Testing Account created in
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Section 26B-1-304.
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(c) The administrative impound fee and the administrative testing fee assessed under
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Subsection (7)(a)(iv) shall be waived or refunded by the State Tax Commission if the
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registered owner, lien holder, or owner's agent presents written evidence to the State
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Tax Commission that:
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(i) the Driver License Division determined that the arrested person's driver license
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should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as
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shown by a letter or other report from the Driver License Division presented
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within 180 days after the day on which the Driver License Division mailed the
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final notification; or
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(ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
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stolen vehicle report presented within 180 days after the day of the impoundment.
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(d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
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payment by cash and debit or credit card for a removal or impoundment under
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Subsection (1) or any service rendered, performed, or supplied in connection with a
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removal or impoundment under Subsection (1).
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(e) The owner of an impounded vehicle may not be charged a fee for the storage of the
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impounded vehicle, vessel, or outboard motor if:
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(i) the vehicle, vessel, or outboard motor is being held as evidence; and
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(ii) the vehicle, vessel, or outboard motor is not being released to a party described in
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Subsection (6)(a), even if the party satisfies the requirements to release the
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vehicle, vessel, or outboard motor under this Subsection (7).
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(f) In addition to the parties described in Subsection (6)(a), the vehicle, vessel, or
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outboard motor impounded or removed to a state impound yard as described in this
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section shall be released to an individual that is not described in Subsection (6)(a) if
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the individual:
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(i)(A) satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v);
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(B) presents the individual's driver license or other government-issued
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identification; and
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(C) demonstrates that the individual has authority granted by a person described in
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Subsection (6)(a) to obtain and operate the vehicle; or
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(ii) is a tow truck operator or tow truck motor carrier that:
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(A) demonstrates that the tow truck operator or tow truck motor carrier has
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authority granted by a person described in Subsection (6)(a) to obtain and
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operate the vehicle, vessel, or outboard motor;
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(B) provides a towing certificate issued by the Department of Transportation
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pursuant to Section 72-9-602;
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(C) pays all towing and storage fees; and
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(D) obtains or presents an impound release for the vehicle, vessel, or outboard
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motor pursuant to Subsection (7)(a).
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(8)(a) For an impounded or a removed vehicle, vessel, or outboard motor not claimed by
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a party described in Subsection (6)(a) or (7)(f) within the time prescribed by Section
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41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the
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impounded or removed vehicle, vessel, or outboard motor as described in Section
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41-1a-1103.
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(b) The date of impoundment or removal is considered the date of seizure for computing
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the time period provided under Section 41-1a-1103.
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(9) A party described in Subsection (6)(a) that pays all fees and charges incurred in the
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impoundment or removal of the owner's vehicle, vessel, or outboard motor has a cause
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of action for all the fees and charges, together with damages, court costs, and attorney
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fees, against the operator of the vehicle, vessel, or outboard motor whose actions caused
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the removal or impoundment.
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(10)(a) As used in this Subsection (10), "life essential item" means the same as that term
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is defined in Subsection 72-9-603(13).
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(b) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
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or outboard motor.
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(c) Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any
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nonlife essential items contained in the vehicle, vessel, or outboard motor.
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(d) Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck
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operator, a tow truck motor carrier, or an impound yard shall allow a person
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described in Subsection (6)(a) or an individual described in Subsection (7)(f)(i) to
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take possession of any life essential item within the vehicle, vessel, or outboard
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motor during normal business hours regardless of whether the towing, impound fees,
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or storage fees have been paid.
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(e) Except for a vehicle, vessel, or outboard motor being held as evidence, upon
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payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an
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impound yard shall allow a person described in Subsection (6)(a) or an individual
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described in Subsection (7)(f)(i) to enter the vehicle, vessel, or outboard motor during
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normal business hours and remove personal property not attached to the vehicle,
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vessel, or outboard motor.
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(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department shall make rules setting the performance standards for towing companies to
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be used by the department.
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(12)(a) The Motor Vehicle Division may specify that a report required under Subsection
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(4) be submitted in electronic form utilizing a database for submission, storage, and
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retrieval of the information.
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(b)(i) Unless otherwise provided by statute, the Motor Vehicle Division or the
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administrator of the database may adopt a schedule of fees assessed for utilizing
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the database.
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(ii) The fees under this Subsection (12)(b) shall:
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(A) be reasonable and fair; and
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(B) reflect the cost of administering the database.
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Section 2. Section 72-9-601 is amended to read:
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72-9-601 . Tow truck motor carrier requirements -- Authorized towing
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certificates.
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(1) In addition to the requirements of this chapter, a tow truck motor carrier shall:
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(a) ensure that all the tow truck motor carrier's tow truck operators are properly:
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(i) trained to operate tow truck equipment;
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(ii) licensed, as required under Title 53, Chapter 3, Uniform Driver License Act; and
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(iii) complying with the requirements under Sections 41-6a-1406 and 72-9-603;
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(b) ensure that all the tow truck motor carrier's tow truck operators:
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(i) have cleared the criminal background check required in Subsections 72-9-602(2)
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and (3); and
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(ii) obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec.
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391.45;[ and]
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(c) obtain and display a current authorized towing certificate for the tow truck motor
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carrier, and each tow truck and tow truck operator, as required under Section
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72-9-602[.] ; and
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(d) provide to the department, at least once per calendar quarter, information indicating
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each towing entity dispatch and rotation service of which the tow truck motor carrier
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is part.
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(2) A tow truck motor carrier may only perform a towing service described in Section
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41-6a-1406, 41-6a-1407, or 72-9-603, with a tow truck and tow truck operator that has a
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current authorized towing certificate under this part.
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Section 3. Section 72-9-602 is amended to read:
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72-9-602 . Towing inspections, investigations, and certification -- Equipment
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requirements -- Consumer information.
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(1)(a) The department shall inspect, investigate, and certify tow truck motor carriers,
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tow trucks, and tow truck operators to ensure compliance with this chapter and
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compliance with Sections 41-6a-1406 and 41-6a-1407.
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(b) The inspection, investigation, and certification shall be conducted prior to any tow
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truck operation and at least every two years thereafter.
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(c)(i) The department shall issue an authorized towing certificate for each tow truck
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motor carrier, tow truck, and tow truck operator that complies with this part and
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rules made by the department in accordance with Subsection (6).
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(ii) The authorized towing certificate described in this section shall expire two years
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from the month of issuance.
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(d) The department may charge a biennial fee established under Section 63J-1-504 to
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cover the cost of the inspection, investigation, and certification required under this
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part.
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(2)(a) To qualify for an authorized towing certificate described in Subsection (1), a tow
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truck operator shall:
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(i) submit to a fingerprint-based criminal background check, as described in
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Subsection (3); and
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(ii) obtain and maintain a valid medical examiner's certificate under 49 C.F.R. Sec.
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391.45.
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(b) For each tow truck operator employed, a tow truck motor carrier shall:
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(i) maintain records of the updated background checks and a valid medical
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examiner's certificate, as required under this section; and
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(ii) biennially, make the records described in Subsection (2)(b)(i) available to the
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department.
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(3)(a) Before a tow truck motor carrier may hire an individual as a tow truck operator
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and receive an authorized towing certificate from the department as required in
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Subsection (2), the tow truck motor carrier shall require the individual to submit to
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the Department of Public Safety:
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(i) a fingerprint card in a form acceptable to the Department of Public Safety; and
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(ii) consent to a state and regional fingerprint background check by the Bureau of
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Criminal Identification.
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(b) The Bureau of Criminal Identification shall:
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(i) check the fingerprints submitted under this section against the applicable state and
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regional criminal records databases;
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(ii) report the results of the background check to the requesting tow truck motor
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carrier;
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(iii) maintain a separate file of fingerprints submitted under this part for search by
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future submissions to the local and regional criminal records databases, including
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latent prints; and
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(iv) establish a privacy risk mitigation strategy to ensure that the entity only receives
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notifications for the individuals with whom the entity maintains an authorizing
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relationship.
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(c)(i) Except for an individual hired as a tow truck operator before July 1, 2017, the
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department shall deny an individual's authorized towing certification, and the
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individual may not operate a tow truck in this state, if the individual has been
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convicted of any felony offense within the previous two years.
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(ii) The department may deny or revoke the authorized towing certification of a tow
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truck motor carrier that employs an individual who fails to comply with the
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background check required in this section.
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(4) The department shall make available to the public electronically accessible consumer
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protection information, including a list of all tow truck motor carriers that are currently
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certified by the department.
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(5) The department may deny a tow truck motor carrier's certification if the department has
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evidence that a tow truck motor carrier's tow truck operator fails to provide copies of the
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Utah Consumer Bill of Rights Regarding Towing to vehicle owners, as required under
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Section 72-9-603.
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(6)(a) If the department determines that a tow truck motor carrier has violated a
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provision of this part or an administrative rule made pursuant to this part, the
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department may:
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(i) deny or revoke a tow truck motor carrier's certification under this part;
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(ii) impose a civil penalty up to $2,000 for each violation; and
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(iii) require the removal of the tow truck motor carrier from a towing dispatch
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rotation as described in Section 72-9-604.
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(b) If the department requires the removal of a tow truck motor carrier from a towing
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dispatch rotation, contract, or request for proposal as described in Section 72-9-604,
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the department shall:
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(i) notify the Department of Public Safety and any relevant towing entity, as that term
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is defined in Section 72-9-604, of the removal; and
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(ii) notify the tow truck motor carrier of the removal.
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(c) A notice described in Subsection (6)(b) shall:
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(i) identify the tow truck motor carrier; and
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(ii) specify how long the tow truck motor carrier is required to be removed from the
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towing dispatch rotation.
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[(6)] (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
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department shall make rules governing the inspection, investigation, and certification
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procedures described in this section.
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Section 4. Section 72-9-603 is amended to read:
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72-9-603 . Towing notice requirements -- Cost responsibilities -- Abandoned
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vehicle title restrictions -- Rules for maximum rates and certification.
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(1) Except for a tow truck service that was ordered by a peace officer, a person acting on
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behalf of a law enforcement agency, or a highway authority, after performing a tow
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truck service that is being done without the vehicle, vessel, or outboard motor owner's
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knowledge, the tow truck operator or the tow truck motor carrier shall:
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(a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
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or outboard motor:
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(i) provide relevant information to the impound vehicle service system database
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administered by the Motor Vehicle Division, including:
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(A) the date and time of the removal of the vehicle, vessel, or outboard motor;
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(B) a description of the vehicle, vessel, or outboard motor; and
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(C) the vehicle identification number or vessel or outboard motor identification
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number; and
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(ii) contact the law enforcement agency having jurisdiction over the area where the
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vehicle, vessel, or outboard motor was picked up and notify the agency of the:
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(A) location of the vehicle, vessel, or outboard motor;
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(B) date, time, and location from which the vehicle, vessel, or outboard motor was
410
removed;
411
(C) reasons for the removal of the vehicle, vessel, or outboard motor;
412
(D) person who requested the removal of the vehicle, vessel, or outboard motor;
413
and
414
(E) description, including the identification number, license number, or other
415
identification number issued by a state agency, of the vehicle, vessel, or
416
outboard motor;
417
(b) except for a vehicle, vessel, or outboard motor that has been retrieved by the owner
418
or operator, within two business days of performing the tow truck service under
419
Subsection (1)(a), send a certified letter to the last-known address of each party
420
described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or
421
outboard motor obtained from the Motor Vehicle Division or, if the person has actual
422
knowledge of the party's address, to the current address, notifying the party of the:
423
(i) location of the vehicle, vessel, or outboard motor;
424
(ii) date, time, and location from which the vehicle, vessel, or outboard motor was
425
removed;
426
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
427
(iv) person who requested the removal of the vehicle, vessel, or outboard motor;
428
(v) a description, including its identification number and license number or other
429
identification number issued by a state agency; and
430
(vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
431
(c) upon initial contact with the owner or operator whose vehicle, vessel, or outboard
432
motor was removed, provide the owner or operator with a copy of the Utah
433
Consumer Bill of Rights Regarding Towing established by the department in
434
Subsection (16)(e).
435
(2) Until the tow truck operator or tow truck motor carrier reports the information required
- 13 - H.B. 261 Enrolled Copy
436
under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yard
437
may not:
438
(a) collect any fee associated with the removal; or
439
(b) begin charging storage fees.
440
(3)(a) Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck
441
motor carrier may not perform a tow truck service at the request or direction of a
442
private property owner or the property owner's agent unless:
443
(i) the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
444
tow truck service; or
445
(ii) the property owner erects signage that meets the requirements of:
446
(A) Subsection (4)(b)(ii); and
447
(B) Subsection (7) or (8).
448
(b) Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or
449
outboard motor:
450
(i) from a location where parking is prohibited by law, including:
451
(A) a designated fire lane;
452
(B) within 15 feet of a fire hydrant, unless the vehicle is parked in a marked
453
parking stall or space; or
454
(C) a marked parking stall or space legally designated for disabled persons;
455
(ii) from a location where it is reasonably apparent that the location is not open to
456
parking;
457
(iii) from a location where all public access points are controlled by:
458
(A) a permanent gate, door, or similar feature allowing the vehicle to access the
459
facility; or
460
(B) a parking attendant;
461
(iv) from a location that materially interferes with access to private property;
462
(v) from the property of a detached single-family dwelling or duplex; or
463
(vi) pursuant to a legal repossession.
464
(4)(a) A private property owner may, subject to the requirements of a local ordinance,
465
enforce parking restrictions by:
466
(i) authorizing a tow truck motor carrier to patrol and monitor the property and
467
enforce parking restrictions on behalf of the property owner in accordance with
468
Subsection (7);
469
(ii) enforcing parking restrictions as needed by requesting a tow from a tow truck
- 14 - Enrolled Copy H.B. 261
470
motor carrier on a case-by-case basis in accordance with Subsection (8); or
471
(iii) requesting a tow from a tow truck motor carrier after providing 24-hour written
472
notice in accordance with Subsection (9).
473
(b)(i) Any agreement between a private property owner and tow truck motor carrier
474
authorizing the tow truck motor carrier to patrol and monitor the property under
475
Subsection (4)(a)(i) shall include specific terms and conditions for the tow truck
476
motor carrier to remove a vehicle, vessel, or outboard motor from the property.
477
(ii) In addition to the signage described in Subsection (7) or (8), a private property
478
owner who allows public parking shall erect appropriate signage on the property
479
indicating clear instructions for parking at the property.
480
(iii) Where a single parking area includes abutting parcels of property owned by two
481
or more private property owners who enforce different parking restrictions under
482
Subsection (7) or (8), each property owner shall, in addition to the requirements
483
under Subsection (7) or (8), erect signage as required by this section:
484
(A) at each entrance to the property owner's parcel from another property owner's
485
parcel; and
486
(B) if there is no clearly defined entrance between one property owner's parcel and
487
another property owner's parcel, at intervals of 40 feet or less along the line
488
dividing the property owner's parcel from the other property owner's parcel.
489
(iv) Where there is no clearly defined entrance to a parking area from a highway, the
490
property owner shall erect signage as required by this section at intervals of 40
491
feet or less along any portion of a property line where a vehicle, vessel, or
492
outboard motor may enter the parking area.
493
(5) Nothing in Subsection (3) or (4) restricts the ability of a private property owner from,
494
subject to the provisions of this section, instituting and enforcing regulations for parking
495
at the property.
496
(6) In addition to any other powers provided by law, a political subdivision or state agency
497
may:
498
(a) enforce parking restrictions in accordance with Subsections (7) through (9) on
499
property that is:
500
(i) owned by the political subdivision or state agency;
501
(ii) located outside of the public right-of-way; and
502
(iii) open to public parking; and
503
(b) request or direct a tow truck service in order to abate a public nuisance on private
- 15 - H.B. 261 Enrolled Copy
504
property over which the political subdivision or state agency has jurisdiction.
505
(7) For private property where parking is enforced under Subsection (4)(a)(i), the property
506
owner shall ensure that each entrance to the property has [the following ]signs located
507
on the property and clearly visible to the driver of a vehicle entering the property that
508
substantially comply with the following, as determined by the department:
509
(a) a top sign that is 24 inches tall by 18 inches wide and has:
510
(i) a blue, reflective background with a 1/2 inch white border;
511
(ii) two-inch, white letters at the top of the sign with the capitalized words "Lot is
512
Patrolled";
513
(iii) a white towing logo that is six inches tall and 16 inches wide that depicts an
514
entire tow truck, a tow hook, and an entire vehicle being towed; and
515
(iv) two-inch, white letters at the bottom of the sign with the capitalized words
516
"Towing Enforced"; and
517
(b) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
518
border, and has:
519
(i) a top half that is red background with white, reflective letters indicating:
520
(A) who is authorized to park or restricted from parking at the property; and
521
(B) any type of vehicle prohibited from parking at the property; and
522
(ii) a bottom half that has a white, reflective background with red letters indicating:
523
(A) the name and telephone number of the tow truck motor carrier that the
524
property owner has authorized to patrol the property; and
525
(B) the Internet web address "tow.utah.gov".
526
(8)(a) For private property where parking is enforced under Subsection (4)(a)(ii):
527
[(a)] (i) a tow truck motor carrier may not:
528
[(i)] (A) patrol and monitor the property;
529
[(ii)] (B) perform a tow truck service without the written or verbal request of the
530
property owner or the property owner's agent; or
531
[(iii)] (C) act as the property owner's agent to request a tow truck service[; and] .
532
(b) For private property where parking is enforced under Subsection (4)(a)(ii), the
533
property owner shall ensure that each entrance to the property has a clearly visible
534
sign located on the property that substantially follows the following format, as
535
determined by the department:
536
(i) the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
537
border, and has:
- 16 - Enrolled Copy H.B. 261
538
[(i)] (A) at the top of the sign, a blue background with a white, reflective towing
539
logo that is at least four inches tall and 16 inches wide that depicts an entire
540
tow truck, a tow hook, and an entire vehicle being towed;
541
[(ii)] (B) immediately below the towing logo described in Subsection [(8)(b)(i)]
542
(8)(b)(i)(A), a blue background with white, reflective letters at least two inches
543
tall with the capitalized words "Towing Enforced";
544
[(iii)] (C) in the middle of the sign, a red background with white, reflective letters
545
at least one inch tall indicating[:]
546
[(A)] who is authorized to park or restricted from parking at the property[;] , and
547
[(B)] any type of vehicle prohibited from parking at the property; and
548
[(iv)] (ii) at the bottom of the sign, a white, reflective background with red letters at
549
least one inch tall indicating:
550
(A) either[:]
551
[(I)] the name and telephone number of the property owner or the property
552
owner's agent who is authorized to request a tow truck service[;] , or
553
[(II)] the name and telephone number of the tow truck motor carrier that
554
provides tow truck services for the property; and
555
(B) the Internet web address "tow.utah.gov".
556
(c) If a dispute arises regarding whether a sign required under this section substantially
557
complies with the requirements of this section, the department shall determine
558
whether the sign substantially complies.
559
(9)(a) For private property without signage substantially meeting the requirements of
560
Subsection (7) or (8), as determined by the department, the property owner may
561
request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from
562
the private property 24 hours after the property owner or the property owner's agent
563
affixes a written notice to the vehicle, vessel, or outboard motor in accordance with
564
this Subsection (9).
565
(b) The written notice described in Subsection (9)(a) shall:
566
(i) indicate the exact time when the written notice is affixed to the vehicle, vessel, or
567
outboard motor;
568
(ii) warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel,
569
or outboard motor will be towed from the property if it is not removed within 24
570
hours after the time indicated in Subsection (9)(b)(i);
571
(iii) be at least four inches tall and four inches wide; and
- 17 - H.B. 261 Enrolled Copy
572
(iv) be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
573
the driver's side window of the vehicle, vessel, or outboard motor.
574
(c) A property owner may authorize a tow truck motor carrier to act as the property
575
owner's agent for purposes of affixing the written notice described in Subsection
576
(9)(a) to a vehicle, vessel, or outboard motor.
577
(10) The department shall publish on the department Internet website the signage
578
requirements and written notice requirements and illustrated or photographed examples
579
of the signage and written notice requirements described in Subsections (7) through (9).
580
(11) It is an affirmative defense to any claim, based on the lack of notice, that arises from
581
the towing of a vehicle, vessel, or outboard motor from private property that the property
582
had signage meeting the requirements of:
583
(a) Subsection (4)(b)(ii); and
584
(b) Subsection (7) or (8).
585
(12) [The] An individual described in Subsection 41-6a-1406(7)(f)(i) or a party described in
586
Subsection 41-6a-1406(6)(a) with an interest in a vehicle, vessel, or outboard motor
587
lawfully removed is only responsible for paying:
588
(a) the tow truck service and storage fees set in accordance with Subsection (16); and
589
(b) the administrative impound fee set in Section 41-6a-1406, if applicable.
590
(13)(a) As used in this Subsection (13), "life essential item" means:
591
(i) prescription medication;
592
(ii) medical equipment;
593
(iii) shoes;
594
(iv) coats;
595
(v) food and water;
596
(vi) child safety seats;
597
(vii) government-issued photo identification; and
598
(viii) human remains.
599
[(a)] (b) The fees under Subsection (12) are a possessory lien on the vehicle, vessel, or
600
outboard motor[ and any nonlife essential items contained in the vehicle, vessel, or
601
outboard motor that are owned by the owner of the vehicle, vessel, or outboard motor
602
until paid].
603
(c) Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any
604
nonlife essential items contained in the vehicle, vessel, or outboard motor.
605
(d) Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck
- 18 - Enrolled Copy H.B. 261
606
operator, a tow truck motor carrier, or an impound yard shall allow a party described
607
in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard
608
motor or an individual described in Subsection 41-6a-1406(7)(f)(i) to take possession
609
of any life essential item within the vehicle, vessel, or outboard motor during normal
610
business hours regardless of whether the towing, impound fees, or storage fees have
611
been paid.
612
(e) Except for a vehicle, vessel, or outboard motor being held as evidence, upon
613
payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an
614
impound yard shall allow a party described in Subsection 41-6a-1406(6)(a) with an
615
interest in the vehicle, vessel, or outboard motor or an individual described in
616
Subsection 41-6a-1406(7)(f)(i) to enter the vehicle, vessel, or outboard motor during
617
normal business hours and remove personal property not attached to the vehicle,
618
vessel, or outboard motor.
619
[(b)] (f) The tow truck operator or tow truck motor carrier shall securely store the
620
vehicle, vessel, or outboard motor and items described in Subsection (13)(a) in an
621
approved state impound yard until a party described in Subsection 41-6a-1406(6)(a)
622
with an interest in the vehicle, vessel, or outboard motor:
623
(i) pays the fees described in Subsection (12); and
624
(ii) removes the vehicle, vessel, or outboard motor from the state impound yard.
625
(14)(a) A vehicle, vessel, or outboard motor shall be considered abandoned if a party
626
described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or
627
outboard motor or an individual described in Subsection 41-6a-1406(7)(f)(i) does not,
628
within 30 days after notice has been sent under Subsection (1)(b):
629
(i) pay the fees described in Subsection (12); and
630
(ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
631
(b) A person may not request a transfer of title to an abandoned vehicle, vessel, or
632
outboard motor until at least 30 days after notice has been sent under Subsection
633
(1)(b).
634
(15)(a) A tow truck motor carrier or impound yard shall clearly and conspicuously post
635
and disclose all its current fees, rates, and acceptable forms of payment for tow truck
636
service and storage of a vehicle in accordance with rules established under
637
Subsection (16).
638
(b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
639
payment by cash and debit or credit card for a tow truck service under Subsection (1)
- 19 - H.B. 261 Enrolled Copy
640
or any service rendered, performed, or supplied in connection with a tow truck
641
service under Subsection (1).
642
(16) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
643
department shall:
644
(a) subject to the restriction in Subsection (17), set maximum rates that:
645
(i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
646
or outboard motor that are transported in response to:
647
(A) a peace officer dispatch call;
648
(B) a motor vehicle division call; and
649
(C) any other call or request where the owner of the vehicle, vessel, or outboard
650
motor has not consented to the removal;
651
(ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard
652
motor stored as a result of one of the conditions listed under Subsection (16)(a)(i);
653
and
654
(iii) an impound yard may charge for the after-hours release of a vehicle, vessel, or
655
outboard motor stored as a result of one of the conditions described in Subsection
656
(16)(a)(i);
657
(b) establish authorized towing certification requirements, not in conflict with federal
658
law, related to incident safety, clean-up, and hazardous material handling;
659
(c) specify the form and content of the posting and disclosure of fees and rates charged
660
and acceptable forms of payment by a tow truck motor carrier or impound yard;
661
(d) set a maximum rate for an administrative fee that a tow truck motor carrier may
662
charge for reporting the information required under Subsection (1)(a)(i) and
663
providing notice of the removal to each party described in Subsection 41-6a-1406
664
(6)(a) with an interest in the vehicle, vessel, or outboard motor as required in
665
Subsection (1)(b);
666
(e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
667
specific information regarding:
668
(i) a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is
669
towed;
670
(ii) identifies the maximum rates that a tow truck motor carrier may charge for the
671
tow truck service of a vehicle, vessel, or outboard motor that is transported in
672
response to a call or request where the owner of the vehicle, vessel, or outboard
673
motor has not consented to the removal; and
- 20 - Enrolled Copy H.B. 261
674
(iii) identifies the maximum rates that an impound yard may charge for the storage of
675
vehicle, vessel, or outboard motor that is transported in response to a call or
676
request where the owner of the vehicle, vessel, or outboard motor has not
677
consented to the removal; and
678
(f) set a maximum rate for an after-hours fee allowed under Subsection (19)(b).
679
(17) An impound yard may not charge a fee for the storage of an impounded vehicle,
680
vessel, or outboard motor if:
681
(a) the vehicle, vessel, or outboard motor is being held as evidence; and
682
(b) the vehicle, vessel, or outboard motor is not being released to a party described in
683
Subsection 41-6a-1406(6)(a) or an individual described in Subsection
684
41-6a-1406(7)(f)(i), even if the party satisfies the requirements to release the vehicle,
685
vessel, or outboard motor under Section 41-6a-1406.
686
(18)(a)(i) A tow truck motor carrier may charge a rate up to the maximum rate set by
687
the department in rules made under Subsection (16).
688
(ii) In addition to the maximum rates established under Subsection (16) and when [ ]
689
receiving payment by credit card or debit card, a tow truck operator, a tow truck
690
motor carrier, or an[ ] impound yard may charge a [credit ]card processing fee of
691
3% of the transaction total.
692
(b) A tow truck motor carrier may not be required to maintain insurance coverage at a
693
higher level than required in rules made pursuant to Subsection (16).
694
(19) When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or
695
outboard motor as a result of a tow service that was performed without the consent of
696
the owner, and that was not ordered by a peace officer or a person acting on behalf of a
697
law enforcement agency, the tow truck motor carrier or impound yard shall make
698
personnel available:
699
(a) by phone 24 hours a day, seven days a week; and
700
(b) to release the impounded vehicle, vessel, or outboard motor to the owner within one
701
hour of when the owner calls the tow truck motor carrier or impound yard.
702
(20) A tow truck motor carrier or a tow truck operator may not:
703
(a) share contact or other personal information of an owner of a vehicle, vessel, or
704
outboard motor or a party described in Subsection 41-6a-1406(6)(a) for which the
705
tow truck motor carrier or tow truck operator has performed a tow service; and
706
(b) receive payment for referring a person for whom the tow truck motor carrier or tow
707
truck operator has performed a tow service to another service, including:
- 21 - H.B. 261 Enrolled Copy
708
(i) a lawyer referral service;
709
(ii) a medical provider;
710
(iii) a funding agency;
711
(iv) a marketer for any service described in Subsections (20)(b)(i) through (iii);
712
(v) a marketer for any other service; or
713
(vi) a third party vendor.
714
Section 5. Section 72-9-604 is amended to read:
715
72-9-604 . Preemption of local authorities -- Tow trucks.
716
(1) As used in this section:
717
(a) "Abandoned" means a vehicle, vessel, or outboard motor for which a party described
718
in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard
719
motor does not, within 30 days after notice that the vehicle, vessel, or outboard motor
720
was towed by a towing entity:
721
(i) pay the relevant fees; and
722
(ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
723
(b) "Towing entity" means:
724
(i) a political subdivision of this state;
725
(ii) a state agency;
726
(iii) an interlocal agency created under Title 11, Chapter 13, Interlocal Cooperation
727
Act; or
728
(iv) a special service district created under Title 17D, Chapter 1, Special Service
729
District Act.
730
(2)(a) Notwithstanding any other provision of law, a political subdivision of this state
731
may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow
732
truck motor carrier, tow truck operator, or tow truck that:
733
(i) conflicts with:
734
[(i)] (A) any provision of this part;
735
[(ii)] (B) Section 41-6a-1401;
736
[(iii)] (C) Section 41-6a-1407; or
737
[(iv)] (D) rules made by the department under this part[.] ; or
738
(ii) imposes a maximum rate that deviates from the maximum rates set in rules made
739
by the department pursuant to Subsection 72-9-603(16).
740
(b) A county or municipal legislative governing body may not charge a fee for the
741
storage of an impounded vehicle, vessel, or outboard motor if the county or
- 22 - Enrolled Copy H.B. 261
742
municipality:
743
(i) is holding the vehicle, vessel, or outboard motor as evidence; and
744
(ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien
745
holder, or the owner's agent even if the registered owner, lien holder, or the
746
owner's agent satisfies the requirements to release the vehicle, vessel, or outboard
747
motor under Section 41-6a-1406.
748
(3) A tow truck motor carrier that has a county or municipal business license for a place of
749
business located within that county or municipality may not be required to obtain
750
another business license in order to perform a tow truck service in another county or
751
municipality if there is not a business location in the other county or municipality.
752
(4) A county or municipal legislative or governing body may not require a tow truck motor
753
carrier, tow truck, or tow truck operator that has been issued a current, authorized
754
towing certificate by the department, as described in Section 72-9-602, to obtain an
755
additional towing certificate.
756
(5) A county or municipal legislative body may require an annual tow truck safety
757
inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602
758
if:
759
(a) no fee is charged for the inspection; and
760
(b) the inspection complies with federal motor carrier safety regulations.
761
(6)(a) A tow truck shall be subject to only one annual safety inspection under Subsection
762
(5)(b).
763
(b) A county or municipality that requires the additional annual safety inspection shall
764
accept the same inspection performed by another county or municipality.
765
(7)(a)(i) If a towing entity uses a towing dispatch vendor described in Section
766
53-1-106.2, the towing entity may charge a fee to cover costs associated with the
767
use of a dispatch vendor as described in Section 53-1-106.2.
768
(ii) Except as provided in Subsection (8), a fee described in Subsection (7)(a)(i) may
769
not exceed the actual costs of the dispatch vendor contracted to provide the
770
dispatch service.
771
(b)(i) Except as provided in Subsection (7)(b)(ii), if a towing entity does not use a
772
towing dispatch vendor described in Section 53-1-106.2, the towing entity may
773
not charge a fee to cover costs associated with providing towing dispatch and
774
rotation service.
775
(ii) A special service district created under Title 17D, Chapter 1, Special Service
- 23 - H.B. 261 Enrolled Copy
776
District Act, that charges a dispatch fee on or before January 1, 2023, may
777
continue to charge a fee related to dispatch costs.
778
(iii) Except as provided in Subsection (8), a fee described in Subsection (7)(b)(ii)
779
may not exceed an amount reasonably reflective to the actual costs of providing
780
the towing dispatch and rotation service.
781
(c) A towing entity may not charge a fee described in Subsection (7)(a)(i) or (7)(b)(ii)
782
unless the relevant governing body of the towing entity has approved the fee amount.
783
(d) In addition to fees set by the department in rules made in accordance with Subsection
784
72-9-603(16), a tow truck operator or a tow truck motor carrier may pass through a
785
fee described in this Subsection (7) to owners, lien holders, or insurance providers of
786
towed vehicles, vessels, or outboard motors.
787
(8)(a) In addition to the fees described in Subsection (7), a tow truck operator or tow
788
truck motor carrier may charge an additional fee to absorb unrecovered costs of
789
abandoned vehicles related to the fees described in Subsections (7)(a)(i) and (7)(b)(ii).
790
(b) Beginning May 3, 2023, and ending on June 30, 2025, a tow truck operator or tow
791
truck motor carrier may charge a fee described in Subsection (8)(a) in an amount not
792
to exceed an amount greater than 25% of the relevant fee described in Subsection
793
(7)(a)(i) or (7)(b)(ii).
794
(c)(i) Beginning January 1, 2025, and annually thereafter, the towing entity shall,
795
based on data provided by the State Tax Commission, determine the percentage of
796
vehicles, vessels, or outboard motors that were abandoned during the previous
797
year by:
798
(A) determining the total number of vehicles, vessels, or outboard motors that
799
were towed as part of a towing entity's towing rotation during the previous
800
calendar year that were also abandoned; and
801
(B) dividing the number described in Subsection (8)(c)(i)(A) by the total number
802
of vehicles, vessels, or outboard motors that were towed as part of the towing
803
entity's towing rotation during the previous calendar year.
804
(ii) No later than March 31, 2025, and each year thereafter, the towing entity shall
805
publish:
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(A) the relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii); and
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(B) the percentage described in Subsection (8)(c)(i).
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(iii) Beginning on July 1, 2025, and each year thereafter, a tow truck operator or a
809
tow truck motor carrier may charge a fee authorized in Subsection (8)(a) in an
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810
amount equal to the percentage described in Subsection (8)(c)(i) multiplied by the
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relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii).
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(d) A tow truck operator or tow truck motor carrier shall list on a separate line on the
813
towing invoice any fee described in this Subsection (8).
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(9) A towing entity may not require a tow truck operator who has received an authorized
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towing certificate from the department to submit additional criminal background check
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information for inclusion of the tow truck motor carrier on a rotation.
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(10) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck
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operator that responds may not respond to the location in a tow truck that is owned by a
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tow truck motor carrier that is different than the tow truck motor carrier that was
820
dispatched.
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(11) If a towing entity receives a notice from the department as described in Subsection
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72-9-602(6), the towing entity shall remove the tow truck motor carrier from the towing
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entity's towing rotation, contract, or request for proposal as provided in the notice from
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the department.
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Section 6. Effective Date.
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This bill takes effect on January 1, 2026.
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