2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 4 - MOTOR CARRIERS OF TOWED MOTOR VEHICLES (§§ 40-10.1-401 — 40-10.1-411) › Section 40-10.1-405 - [Effective Until 8/7/2024] Nonconsensual tows - rights of owners, operators, and lienholders - rules

(1)
Towing fees.
(a)
Towing 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: "The 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)
Cash;
(B)
Major credit cards; and
(C)
Other forms of payment required by rule of the commission.
(II)
The 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)
Charge 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)
Before 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)
Taking 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)
Show the entire vehicle from the required angle;
(B)
Have 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.
(II)
Taking a photograph that shows the reason for the vehicle being towed without consent. The photograph must:
(A)
Show 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)
Upon 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)
The 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)
During 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)
The vehicle is being repossessed by a creditor with a lien or security interest in the vehicle;
(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)
The 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)
The 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)
Except 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)
The vehicle owner or operator has received two previous notices for parking inappropriately in the same manner;
(B)
The vehicle is being repossessed by a creditor with a lien or security interest in the vehicle;
(C)
The removal is expressly ordered or authorized by a court order, an administrative order, or a peace officer or by operation of law;
(D)
The vehicle blocks a driveway or roadway enough to effectively obstruct a person's access to the driveway or roadway;
(E)
The 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)
The vehicle is parked in or effectively obstructing a designated and marked fire zone;
(G)
The 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)
The 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)
The notice must state clearly:
(A)
That 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)
The 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.
(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)
For purposes of this subsection (3)(b), a vehicle is parked inappropriately when it is parked in a manner that:
(A)
Violates the procedures necessary to obtain authorization to park in the lot or space;
(B)
Fails 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)
In 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 entryway 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)
In 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:
(I)
State the name of the business, telephone number, and hours of operation;
(II)
State: "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)
Be no less than two square feet in size;
(IV)
Have lettering not less than two inches in height;
(V)
Have lettering that contrasts sharply in color with the background on which the letters are placed; and
(VI)
Be printed in English.
(c)
Upon 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)
Upon 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)
If 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)
Must be written in a conspicuous typeface and font on the invoice, the receipt, and the bill for the tow; and
(II)
Must not be in a typeface or font that is smaller than the other numbers or words on the receipt or bill, as applicable.
(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)
Notice 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)
Are no less than one square foot in size;
(B)
Have lettering not less than one inch in height;
(C)
Have lettering that contrasts with the background on which the letters are placed;
(D)
State: "Authorized Parking Only";
(E)
Include the name and telephone number of the towing carrier authorized to perform tows from the private property;
(F)
Are printed in English;
(G)
Are placed at the entrance to the private property, face outward toward the street, and are visible prior to entering and upon entering the private property;
(H)
Are 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)
Are 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 ground surface closest to the sign's placement.
(g)
The 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 contents.
(a)
Notwithstanding 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)
If 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.
(c)
The towing carrier shall immediately retrieve a vehicle that has been nonconsensually towed or allow the owner to retrieve the vehicle if:
(I)
The 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)
For 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. The 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)
Create the form;
(II)
Give 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.
(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)
Upon 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.
Unless 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.
For 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.
This 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)
The 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)
.
Added by 2022 Ch. 416, § 11, eff. 8/10/2022.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.