private towing carriers; regulation; rates, the official text

REFERENCE TITLE: private towing carriers; regulation; rates

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2305

Introduced by

Representative
Biasiucci

AN
ACT

amending sections 9-499.05 and 11-251.04,
arizona revised statutes; RELATING to private towing carriers.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-499.05, Arizona Revised
Statutes, is amended to read:

START_STATUTE9-499.05. State preemption; rates for private towing carrier; notice of
parking violations; photographic documentation; tow carrier identification;
release of motor vehicle; damages; violation; classification; applicability;
definition

[A. The governing body of an
incorporated city or town may regulate the maximum rate and charge for towing,
transporting or impounding a motor vehicle from private property without the
permission of the owner or operator of the vehicle by any private towing
carriers doing business within its boundaries. A private towing
carrier is subject to the maximum rate and charge regulation prescribed by the
city or town for all such towing, transporting or impounding services if the
vehicle being towed or transported is towed from private property located
within the boundaries of the city or town.]

a. The regulation of towing rates for
private towing carriers pursuant to this section is a matter of statewide
concern. The regulation of towing rates for private towing carriers
pursuant to this section is not subject to further regulation by a county,
city, town or other political subdivision of this state.

b. the rate for towing, transporting,
impounding or storing a motor vehicle shall be the rate published in the
department of public safety tow service agreement for the location from which
the motor vehicle was towed.

[B.] c. The
owner or agent of the owner of the private property shall be deemed to have
given consent to unrestricted parking by the general public in any parking area
of the private property unless [such] the
parking area is posted with signs as prescribed by this subsection which that are clearly visible and
readable from any point within the parking area and at each
entrance. This subsection does not apply if a motor
vehicle is towed from a single-family residence and the owner of the
single-family residence or a tenant at the single-family residence
is the party who requested the tow. [Such]
The signs [shall contain] must meet, at a minimum, all of the
following requirements:

[1. Restrictions on parking.]

[2. Disposition of vehicles found in
violation of the parking restrictions.]

[3. Maximum cost to the violator,
including storage fees and any other charges that could result from the
disposition of a vehicle parked in violation of parking restrictions.]

[4. Telephone number and address where
the violator can locate the violator's vehicle.]

1. Be
posted in a manner to face and be conspicuously visible to the driver of a
motor vehicle that enters the parking facility and be posted on the left or
right side of each driveway or curb cut in which a motor vehicle can enter the
facility.

2. Be constructed using weather
resistant materials.

3. Be a minimum of nine inches wide
and twelve inches tall and not more than twelve inches wide and eighteen inches
tall.

4. Contain all of the following:

(a) The
following language: "Unauthorized vehicles will be towed at the motor
vehicle owner's or operator's expense pursuant to arizona revised statutes
section 9-499.05".

(b) A telephone
number that is monitored twenty-four hours a day that enables the motor
vehicle owner or operator to locate the towed motor vehicle.

(c) The towing
and storage rate and information on the release of THE motor VEHICLE through a
website link or qr code.

5. Be permanently mounted on a pole,
post, permanent wall or permanent barrier.

[C.] d. It
is unlawful for a private towing carrier to tow or transport a motor vehicle
from private property without the permission of the owner or operator of the
motor vehicle unless [such] the
private towing carrier receives a request from a law enforcement agency or the
express written permission from the owner or the agent of the owner of the
property that has complied with the requirements of subsection [B ]
c of this section. The owner or the owner's
agent shall either sign each towing order or authorize the tow by a written
contract [which] that is valid for a
specific length of time. The private towing carrier may not act as
the agent of the owner.

[D. A person who violates subsection C
is guilty of a class 2 misdemeanor.]

e. Before mechanically connecting a
motor vehicle to a private towing carrier, the private towing carrier shall
document, through the use of date-and-time-stamped digital
photography or digital video, the nature of the private parking
violation. The private towing carrier shall provide all photographic
or video images to the owner of the motor vehicle or the owner's agent, if
requested. The photographic evidence shall include all of the
following:

1. Images of the motor vehicle being
towed.

2. Images of the signage required
pursuant to subsection C of this section, if applicable.

3. Images of the entire motor vehicle
taken from all four corners of the motor vehicle.

4. Images of the motor vehicle's
license plate or motor vehicle identification number.

F. Any person towing a motor vehicle
from private property without the permission of the motor vehicle's owner or
the owner's agent shall notify the appropriate law enforcement agency within
one hour after mechanically connecting the motor vehicle to a private towing
carrier. The private towing carrier shall provide the appropriate
law enforcement agency with all of the following information:

1. The name and address of the motor
vehicle's owner, if known.

2. The motor vehicle's license plate
number and vehicle identification number and a description of the motor
vehicle.

3. The reason for the tow of the
motor vehicle.

4. The street address of the impound
lot where the motor vehicle will be impounded.

5. The name and address of the
private towing carrier that will tow the motor vehicle and the name of the
person who will tow the motor vehicle on behalf of the private towing carrier.

6. A phone number that is answered
twenty-four hours a day, seven days a week for the private towing carrier
and the impound lot where the motor vehicle will be impounded.

G. A private towing carrier shall
release an impounded motor vehicle to the owner of record or the owner's agent
who pays, or makes satisfactory arrangements to pay, the charges prescribed
pursuant to subsection b of this section in a manner consistent with the
department of public safety tow service agreement and who proves ownership of
the motor vehicle by providing a government-issued photo identification
and one of the following:

1. A valid certificate of title.

2. Proof of a current vehicle
registration that is not a restricted use three-day permit.

3. A repossession affidavit and A
hold harmless liability release from legal claims.

4. an insurance company release
pursuant to section 28-4847.

5. A certified vehicle record.

6. Proof of a bona fide security
interest or other financial interest in the motor vehicle that exists at the
time of the motor vehicle tow.

H. The private towing carrier shall
provide the motor vehicle owner with an itemized receipt for services and, on
request, shall provide a copy of this statute to the motor vehicle owner or
owner's agent who reclaims the motor vehicle.

I. A private towing carrier that
charges a towing fee greater than the towing fee that is prescribed pursuant to
subsection b of this section may be ordered to reimburse the motor vehicle
owner for any overcharges or unauthorized charges.

J. A
private towing carrier or parking facility owner that intentionally, knowingly
or recklessly violates this section is liable to the owner of the motor vehicle
that is the subject of the violation for damages equal to two times the amount of
the fees assessed as part of the motor vehicle's towing and storage.

[E.] K. This
section [shall apply] applies only to
services performed while a person is actually engaged in the activities of a
private towing carrier.

[F.] L. The provisions of This section [do] does not apply to abandoned or junk
vehicles disposed of pursuant to title 28, chapter 11.

M. A person who violates this section
is guilty of a class 2 misdemeanor.

N. This section does not apply to
agreements entered into between law enforcement agencies and private towing
carriers for law enforcement-initiated towing services.

[G.] O. For
the purposes of this section, "private towing carrier" means any
person who commercially offers services to tow, transport or impound motor
vehicles from private property without the permission of the owner or operator
of the vehicle by use of a truck or other vehicle designed for or adapted to
that purpose.

Sec. 2. Section 11-251.04, Arizona Revised
Statutes, is amended to read:

START_STATUTE11-251.04. State preemption; rates for private towing carrier; release of
motor vehicle; damages; applicability; definition

[A. Except as provided in subsection
B of this section, the board of supervisors may regulate the maximum rate
and charge for towing, transporting or impounding a motor vehicle from private
property without the permission of the owner or operator of the vehicle by any
private towing carriers doing business within the boundaries of the county.]
[A private towing carrier is subject to the maximum rate and
charge regulation prescribed by the board of supervisors for all such towing,
transporting or impounding services if the vehicle being towed or transported
is towed from private property located on property that lies within the
boundaries of the county.]

[B. The provisions of Subsection
A of this section shall not apply to the towing, transporting or
impounding of a motor vehicle from private property without the permission of
the owner or operator of the vehicle by a private towing carrier where the
vehicle being towed or transported is towed or transported from property that
lies within the boundaries of an incorporated city or town that has regulated
such towing, transporting or impounding pursuant to section 9-499.05.]

A. The regulation of towing rates for
private towing carriers pursuant to this section is a matter of statewide
concern. The regulation of towing rates for private towing carriers
pursuant to this section is not subject to further regulation by a county,
city, town or other political subdivision of this state.

b. the rate for towing, transporting,
impounding or storing a motor vehicle shall be the rate published in the
department of public safety tow service agreement for the location from which
the motor vehicle was towed.

C. It is unlawful for a private towing carrier to
tow or transport a motor vehicle from private property without the permission
of the owner or operator of the motor vehicle unless [such] the private towing carrier receives a request from a law
enforcement agency or the express written permission from the owner or the
agent of the owner of the property. The owner or [his]
the owner's agent shall either sign each towing order or
authorize the tow by a written contract [which] that is valid for a specific length of time. The
private towing carrier may not act as the agent of the owner.

[D. A person who violates subsection
C is guilty of a class 2 misdemeanor.]

d. A private towing carrier shall
release an impounded motor vehicle to the owner of record or the owner's agent
who pays, or makes satisfactory arrangements to pay, the charges prescribed
pursuant to subsection b of this section in a manner consistent with the
department of public safety tow service agreement and who proves ownership of
the motor vehicle by providing a government-issued photo identification
and one of the following:

1. A valid certificate of title.

2. Proof of a current vehicle
registration that is not a restricted use three-day permit.

3. A repossession affidavit and A
hold harmless liability release from legal claims.

4. an insurance company release
pursuant to section 28-4847.

5. A certified vehicle record.

6. Proof of a bona fide security
interest or other financial interest in the motor vehicle that exists at the
time of the motor vehicle tow.

7. Proof of a lien on the motor
vehicle, if applicable.

e. The private towing carrier shall
provide the motor vehicle owner with an itemized receipt for services and, on
request, shall provide a copy of this statute to the motor vehicle owner or
owner's agent who reclaims the motor vehicle.

f. A private towing carrier that
charges a towing fee greater than the towing fee that is prescribed pursuant to
subsection b of this section may be ordered to reimburse the motor vehicle
owner of any overcharges or unauthorized charges.

G. A private towing carrier or
parking facility owner that intentionally, knowingly or recklessly violates
this section is liable to the owner of the motor vehicle that is the subject of
the violation for damages equal to two times the amount of the fees assessed as
part of the motor vehicle's towing and storage.

[E.] h. This
section [shall apply] applies only to
services performed while a person is actually engaged in the activities of a
private towing carrier.

[F.] i. For
the purposes of this section, "private towing carrier" means any
person who commercially offers services to tow, transport or impound motor
vehicles from private property without the permission of the owner or operator
of the vehicle by use of a truck or other vehicle designed for or adapted to
that purpose." END_STATUTE