Regulation on nonconsensual towing; revise to include private motor vehicles.

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To: Transportation
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 449

AN ACT TO AMEND SECTIONS 63-37-1, 63-37-3, 63-37-5, 63-37-7, 1
63-37-9, 63-37-11, 63-37-13 AND 63-37-15, MISSISSIPPI CODE OF 2
1972, TO REVISE PROVISIONS RELATED TO THE NONCONSENSUAL TOWING OF 3
VEHICLES TO ENSURE THAT THE AUTHORITY TO PERFORM SUCH TOWING IS 4
APPLICABLE TO BOTH PRIVATE MOTOR VEHICLES AND COMMERCIAL MOTOR 5
VEHICLES; TO RENAME THE "COMMERCIAL VEHICLE TOWING ADVISORY 6
COMMITTEE" AS THE "VEHICLE TOWING ADVISORY COMMITTEE" AND LEAVING 7
THE ADMINISTRATION THEREOF WITHIN THE COMMERCIAL TRANSPORTATION 8
ENFORCEMENT DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND 9
SECTION 63-3-915, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 10
AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 63-37-1, Mississippi Code of 1972, is 13
amended as follows: 14
63-37-1. For the purposes of this chapter, the following 15
terms shall have the following meanings, unless context clearly 16
provides otherwise: 17
(a) "Motor vehicle" means a vehicle which self-propels, 18
and is intended primarily for use and operation on public roads 19
and highways. 20
(b) "Nonconsensual towing" means the moving, 21
transporting or recovery of a commercial vehicle by a towing and 22
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recovery service without the prior consent or authorization of the 23
owner or operator of the motor vehicle from private property 24
and/or by police-initiated towing. 25
(c) "Towing" means the moving, transporting or recovery 26
from public or private property, or from a storage facility of a 27
person's commercial motor vehicle, the moving or removing of an 28
unclaimed commercial vehicle, or the immobilization of or 29
preparation for moving or removing of the commercial motor 30
vehicle, for which a fee is charged either directly or indirectly. 31
(d) Heavy-duty towing shall be the towing of a vehicle, 32
including trailers and semitrailers, with a gross vehicle rating 33
over twenty-six thousand (26,000) pounds. 34
(e) Medium-duty towing shall be the towing of a 35
vehicle, including trailers and semitrailers with a gross vehicle 36
rating of over fifteen thousand (15,000) pounds to twenty-six 37
thousand (26,000) pounds. 38
(f) "Towing and recovery service" means an individual 39
or business entity that provides towing and recovery services at 40
the direction of a law enforcement officer or private property 41
owner in exchange for a fee or charge. 42
(g) "Law enforcement officer" means any law enforcement 43
public servant and/or State Highway Patrol Officer. 44
(h) "Tow list" means a list of approved towing 45
companies compiled, maintained and utilized by a law enforcement 46
officer or his or her designee, and as authorized by the 47
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Department of Public Safety to perform police-initiated towing 48
services of disabled or abandoned commercial motor vehicles. 49
(i) "Police initiated towing" means towing of a 50
commercial motor vehicle which was authorized, requested or 51
dispatched by a law enforcement officer. 52
(j) "Vehicle immobilization device" means a mechanical 53
device that is designated or adapted to be attached to a wheel, 54
tire or other part of a parked commercial motor vehicle to 55
prohibit the vehicle's usual manner of movement or operation. 56
(k) "Per pound billing" means a method of calculating a 57
fee for towing using a formula that considers the weight of the 58
private motor vehicle, commercial motor vehicle, equipment or 59
cargo that is the subject of the towing and multiplies the weight 60
of the vehicle, equipment or cargo by a monetary amount. 61
(l) "Drop fee" means a fee that a towing and recovery 62
service charges to unhook a commercial motor vehicle from a tow 63
truck. 64
(m) "Cargo" means goods and materials transported by a 65
commercial motor vehicle as defined in 49 CFR Section 390.5, 66
including, without limitation: 67
(i) Pallets; 68
(ii) Containers; 69
(iii) Bracing; 70
(iv) Air pillows; 71
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(v) Tie-down assemblies and other securement 72
systems; 73
(vi) Cradles; 74
(vii) Chocks; and 75
(viii) All other dunnage and packaging. 76
(n) "Commercial vehicle" means any self-propelled or 77
motored device designed to be used or used primarily for the 78
transportation of passengers or property, or both, and have a 79
gross vehicular weight rating of fifteen thousand (15,000) pounds 80
or more. 81
(o) "Private motor vehicle" means any self-propelled or 82
motored device, other than a commercial vehicle, as defined in 83
paragraph (n) of this section, which is designed to be used or 84
used primarily for the transportation of passengers for personal, 85
nonbusiness purposes. The term does not include motor vehicles 86
used to transport passengers for payment. 87
SECTION 2. Section 63-37-3, Mississippi Code of 1972, is 88
amended as follows: 89
63-37-3. (1) The Department of Public Safety, Public 90
Commercial Transportation Enforcement Division, shall create 91
within the department a " * * * Vehicle Towing Advisory 92
Committee." The * * * Vehicle Towing Advisory Committee shall 93
consist of the following members: 94
(a) The Commissioner of the Mississippi Department of 95
Public Safety, or his or her designee; 96
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(b) The Director of the Mississippi Highway Patrol 97
(Assistant Commissioner of the Mississippi Department of Public 98
Safety), or his or her designee; 99
(c) Two (2) members, the President of the Mississippi 100
Towing Association, and his or her appointee, to represent the 101
towing and recovery services within the state; 102
(d) Two (2) members, appointed by the President of the 103
Mississippi Trucking Association, to represent the commercial 104
motor carriers within the state; and 105
(e) One (1) member, appointed by the Governor, to 106
represent the local police jurisdictions. 107
(2) Members of the * * * Vehicle Towing Advisory Committee 108
shall serve for a term of two (2) years. Members may serve 109
consecutive terms. Members shall serve without compensation. 110
(3) At the first meeting, the * * * Vehicle Towing Advisory 111
Committee shall elect a chairperson from its membership to serve 112
for a term of two (2) years. A chairperson may serve consecutive 113
terms. 114
(4) The * * * Vehicle Towing Advisory Committee shall hold 115
its first meeting no later than September 1, 2024, at a time and 116
location within the state to be determined by the Commissioner of 117
the Mississippi Department of Public Safety. Thereafter, meetings 118
shall be held on dates and at times and locations within the state 119
and selected by the chairperson in consultation with the other 120
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members or by the Commissioner of the Mississippi Department of 121
Public Safety, if the most recent chairperson's term has expired. 122
(5) The * * * Vehicle Towing Advisory Committee shall keep 123
and maintain a record of all proceedings of the * * * Vehicle 124
Towing Advisory Committee, and copies of all orders and/or 125
recommendations issued by the * * * Vehicle Towing Advisory 126
Committee. 127
SECTION 3. Section 63-37-5, Mississippi Code of 1972, is 128
amended as follows: 129
63-37-5. The * * * Vehicle Towing Advisory Committee shall: 130
(a) Establish regulations and standards for the 131
inclusion of a towing and recovery service on the tow list, 132
including application procedures and minimum qualification 133
requirements; 134
(b) Establish statewide maximum towing and storage 135
rates for nonconsensual tows, including those for private 136
property. The established maximum rates shall include maximum 137
rates for administrative fees, provided as follows: 138
(i) A towing and recovery service may charge less 139
than, but may not charge more than the approved statewide rates; 140
(ii) The towing and recovery service shall not 141
charge or retain any fees not indicated by the committee for the 142
maximum rates for towing and storage of a commercial motor vehicle 143
after the nonconsensual tow from private property; and 144
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(iii) The statewide maximum towing and storage 145
rates for nonconsensual tows shall be reviewed annually. Market 146
fluctuations within the towing industry may be considered along 147
with current consensual towing market rates and their relationship 148
to nonconsensual towing rates; 149
(c) Require the towing and recovery service to ban the 150
use of per-pound billing for nonconsensual towing; 151
(d) Publish a revised Towing Service Standard Manual, 152
with rules governing the use of towing and recovery services for 153
nonconsensually towing of private motor vehicles and commercial 154
vehicles no later than January 1, * * * 2027. At a minimum, the 155
rules shall include the following provisions to: 156
(i) Establish the information required to be 157
included on any invoice associated with the towing of a private 158
motor vehicle or commercial motor vehicle, including, but not 159
limited to, requiring that the invoice be itemized; 160
(ii) Establish factors that shall be considered in 161
determining whether a charge levied by a towing and recovery 162
service is fair, equitable and reasonable; 163
(iii) Establish a process the committee shall use 164
to receive, investigate and adjudicate complaints against a towing 165
and recovery service; 166
(iv) Establish a service charge dispute resolution 167
process that includes, at a minimum, provisions requiring 168
completion of a written complaint form, deadlines for initiating a 169
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complaint after receiving an itemized invoice, deadlines for 170
responding to a complaint, cessation of storage fees during the 171
complaint resolution process, a hearing on the complaint and 172
deadlines for issuing a formal decision adjudicating the service 173
charge dispute; 174
(v) Establish an appeals process for the appeal of 175
any determination of order of the committee under this subsection; 176
(vi) Establish a disciplinary procedure for 177
violations of the rules by the towing and recovery service, 178
including the suspension or removal of a towing and recovery 179
service from the tow list; and 180
(vii) Establish a process that the Department of 181
Public Safety may use to suspend or remove a towing and recovery 182
service from any tow list. 183
SECTION 4. Section 63-37-7, Mississippi Code of 1972, is 184
amended as follows: 185
63-37-7. (1) Upon nonconsensual towing and recovery of a 186
private motor vehicle or commercial towing vehicle and movement of 187
the private motor vehicle or commercial motor vehicle to a storage 188
facility, a towing and recovery service shall allow an owner of a 189
private motor vehicle or commercial motor vehicle or a designee of 190
the owner of the private motor vehicle or commercial motor vehicle 191
to access the vehicle in a reasonable manner as established by 192
rules adopted by the * * * Vehicle Towing Advisory Committee. Any 193
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vehicle towed nonconsensually in Mississippi must be stored in the 194
State of Mississippi. 195
(2) The towing and recovery services shall provide a private 196
motor vehicle owner or commercial vehicle owner or operator or 197
owner's designee with reasonable access to the vehicle so that the 198
vehicle owner and operator or the owner's designee may access and 199
collect any personal property contained in the vehicle, regardless 200
of whether any payment has been made for the towing and recovery 201
service charges. 202
(3) If there is no dispute as to the charges assessed by the 203
towing and recovery service for the nonconsensual towing of the 204
private motor vehicle or commercial motor vehicle, the vehicle 205
owner or operator or the owner's designee shall pay the towing 206
service invoice and the towing and recovery service shall release 207
the vehicle immediately. 208
SECTION 5. Section 63-37-9, Mississippi Code of 1972, is 209
amended as follows: 210
63-37-9. In authorizing a towing and recovery service to 211
perform towing services, any law enforcement officer may utilize 212
the services of a tow list, provided: 213
(a) They are under no obligation to include or retain 214
the services of any towing and recovery service in any contract or 215
agreement with respect to any tow list established pursuant to 216
this subsection. A towing and recovery service is subject to 217
removal from a towing list at any time; and 218
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(b) An owner or operator of a private motor vehicle or 219
commercial motor vehicle may request a specific towing and 220
recovery service and that request shall be honored by the law 221
enforcement officer unless the requested towing and recovery 222
service cannot perform the requested towing and recovery service 223
or does not respond in a reasonable time, as determined by the law 224
enforcement officer. 225
SECTION 6. Section 63-37-11, Mississippi Code of 1972, is 226
amended as follows: 227
63-37-11. (1) It shall be unlawful for: 228
(a) A law enforcement officer to: 229
(i) Receive compensation or receive any other 230
incentive, monetary or otherwise, to select a particular towing 231
and recovery service from the list; 232
(ii) Hold any financial interest in a towing and 233
recovery service; and 234
(iii) Recommend any towing and recovery service in 235
the performance of his or her duties; 236
(b) Any member of the * * * Vehicle Towing Advisory 237
Committee or Department of Transportation to receive compensation 238
from a towing and recovery service for the privilege of being 239
included on the tow list; 240
(c) A towing and recovery service to pay money or other 241
valuable consideration for the privilege of nonconsensual towing 242
private motor vehicles or commercial motor vehicles; and 243
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(d) A towing and recovery service to employ or 244
otherwise compensate individuals, commonly referred to as 245
"spotters," whose primary task is to report the presence of 246
unauthorized, improperly or illegally parked private motor 247
vehicles or commercial motor vehicles for the purpose of towing or 248
removal and storage * * *. 249
(2) Nonconsensual tows for unauthorized, illegally parked 250
private motor vehicles or commercial motor vehicles on private 251
property must be performed by Mississippi-based towers. Towed 252
vehicles must be stored within the State of Mississippi. 253
SECTION 7. Section 63-37-13, Mississippi Code of 1972, is 254
amended as follows: 255
63-37-13. (1) (a) Before a towing and recovery service 256
connects a private motor vehicle or commercial motor vehicle to a 257
tow truck for a nonconsensual tow, the towing and recovery service 258
shall document the vehicle's condition and the reason for the tow 259
by: 260
(i) Taking at least four (4) photographs of the 261
vehicle, with at least one (1) photograph taken from the front, 262
one (1) photograph taken from the rear, one (1) photograph taken 263
from the driver's side and one (1) taken from the passenger's 264
side. These photographs must: 265
1. Show the entire vehicle from the required 266
angle; and 267
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2. Have the vehicle fill at least 268
three-fourths (3/4) of the photograph, measured from side to side; 269
and 270
(ii) Taking a photograph that shows the reason the 271
vehicle is being towed nonconsensually. The photograph must show 272
the portion of the vehicle in relation to the reason, including 273
any sign that the vehicle was towed. 274
(b) Upon demand of the owner or operator of the private 275
motor vehicle or commercial motor vehicle or the owner's designee, 276
the Department of Transportation or the * * * Vehicle Towing 277
Advisory Committee, the towing and recovery service shall provide 278
copies of the photographs. 279
(c) A towing and recovery service's failure to produce 280
the photographs shall create a rebuttable presumption that the 281
towing and recovery service did not have the authority to tow a 282
vehicle from either a private property owner or operator or a law 283
enforcement officer. 284
(2) Before a towing and recovery service connects a private 285
motor vehicle or commercial motor vehicle to a tow truck for a 286
nonconsensual tow, the towing and recovery service shall have 287
authorization to nonconsensually tow a private motor vehicle or 288
commercial motor vehicle. Authorization shall be found if: 289
(a) A law enforcement officer requests a 290
police-initiated tow and requests that a towing and recovery 291
service from the tow list provide towing; or 292
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(b) The towing and recovery service has received 293
permission to tow the private motor vehicle or commercial motor 294
vehicle from the owner of the private property, consistent with 295
the provisions of Section 63-3-915. 296
A towing service shall not tow a private motor vehicle or 297
commercial motor vehicle from private property without the owner 298
or operator of the private property giving the tower service 299
written permission. 300
(c) In order for the towing and recovery service to 301
conduct a nonconsensual tow, the private property owner must have 302
posted signage visible and facing the driver at each entryway into 303
the property stating that vehicles parked on the property without 304
authorization or inappropriately or illegally parked are subject 305
to being towed. The sign must also contain the international 306
towing symbol no smaller than four (4) inches by four (4) inches 307
and be permanently mounted in a position that is no lower than 308
five (5) feet and no higher than eight (8) feet. 309
(3) The towing and recovery service shall not assess a drop 310
fee to release the private motor vehicle or commercial motor 311
vehicle after the vehicle is hooked up to the tow truck but before 312
the vehicle is removed from the private property. 313
SECTION 8. Section 63-37-15, Mississippi Code of 1972, is 314
amended as follows: 315
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ST: Regulation on nonconsensual towing; revise
to include private motor vehicles.
63-37-15. A towing and recovery service shall not use 316
vehicle immobilization devices except under the direction of law 317
enforcement. 318
SECTION 9. Section 63-3-915, Mississippi Code of 1972, is 319
amended as follows: 320
63-3-915. A motor vehicle that is located upon private 321
property may not be towed except when authorized by the owner of 322
the motor vehicle, the lienholder of the motor vehicle, the owner 323
of the property upon which the motor vehicle is located or the 324
towing is authorized by other local, state or federal law. If a 325
motor vehicle is located upon the private property, the owner of 326
the property upon which the motor vehicle is located must provide 327
authorization for the towing of the motor vehicle in accordance 328
with the requirements of Section 63-37-13(2)(b) and (c). 329
SECTION 10. This act shall take effect and be in force from 330
and after July 1, 2026. 331