AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.

Plain English Breakdown

The bill summary specifies that rates must be reasonable but does not provide specific dollar limits for all scenarios.

Rules for Towing Cars Without Permission

This law sets rules for towing cars without the owner's permission and limits how much tow companies can charge.

What This Bill Does

• Requires tow companies to take photos of cars before towing them if they are parked illegally.
• Limits the total cost a tow company can charge for towing a car to $250 and daily storage fees to $50.
• Allows people to get their personal items from stored cars without paying during business hours.
• Requires tow companies to have ATMs or accept credit cards at storage facilities.
• Forbids tow companies from giving money or other rewards for information about illegally parked cars.

Who It Names or Affects

• Tow companies
• People who park their cars in private parking areas

Terms To Know

unauthorized towing

Moving a car without the owner's permission

storage facility

A place where towed cars are kept until they can be picked up

Limits and Unknowns

• The bill does not specify what happens if a storage facility is closed during business hours.
• It's unclear how the law will be enforced and who will check that tow companies follow it.

Official Summary Text

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR
VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.
This Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator:
Photographic evidence must be taken to document the unauthorized parking of a vehicle before it may be towed, and written authorization to tow a specific vehicle is required before the vehicle may be towed from a private parking area.
Tow companies and storage facilities must publicly display their rates.
Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county.
A maximum total towing rate of $250 and daily storage rate of $50 is imposed.
Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee.
Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours.
Individuals must be allowed to retrieve at no cost during business hours personal belongings from vehicles held in storage.
Storage facilities may charge a fee of up to $50 for after-hours access to or retrieval of a vehicle.
Tow companies and storage facilities must accept credit cards, or have an ATM available with a reasonable access or service fee.
Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle.
Tow companies may not patrol for illegally parked cars, unless they have a contract to do so and comply with the requirements applicable to any other unauthorized towing of a vehicle.
Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.