Towing Notice and Ownership Rights Modifications

8
72-9-603
0
Towing Notice and Ownership Rights Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor: Calvin R. Musselman
LONG TITLE
General Description:
This bill provides certain protections for an owner or lien holder of a towed vehicle if
proper notice has not been provided to the owner or lien holder.
Highlighted Provisions:
This bill:
provides that, for a private-property tow, a possessory lien related to a vehicle that has
been towed is not enforceable if required notice was not properly provided to the owner
or lien holder;
allows an owner or a lien holder to take possession of a vehicle without paying towing or
storage fees if notice was not properly given;
if an owner claims notice was not properly provided, creates a presumption of improper
notice that may be rebutted by presenting, as applicable:
time-stamped evidence that notice was properly provided to the Motor Vehicle
Division; or
evidence that notice was sent via certified mail;
allows a party prevailing in an action related to lack of notice to be awarded attorney fees;
authorizes the Department of Transportation to make rules to establish the process for an
owner or a lien holder to make a claim for release of a vehicle; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-9-603
, as last amended by Laws of Utah 2025, Chapter 378
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
72-9-603
is amended to read:
72-9-603
. Towing notice requirements -- Cost responsibilities -- Abandoned
vehicle title restrictions -- Rules for maximum rates and certification.
(1)
Except for a tow truck service that was ordered by a peace officer, a person acting on
behalf of a law enforcement agency, or a highway authority, after performing a tow
truck service that is being done without the vehicle, vessel, or outboard motor owner's
knowledge, the tow truck operator or the tow truck motor carrier shall:
(a)
immediately upon arriving at the place of storage or impound of the vehicle, vessel,
or outboard motor:
(i)
provide relevant information to the impound vehicle service system database
administered by the Motor Vehicle Division, including:
(A)
the date and time of the removal of the vehicle, vessel, or outboard motor;
(B)
a description of the vehicle, vessel, or outboard motor; and
(C)
the vehicle identification number or vessel or outboard motor identification
number; and
(ii)
contact the law enforcement agency having jurisdiction over the area where the
vehicle, vessel, or outboard motor was picked up and notify the agency of the:
(A)
location of the vehicle, vessel, or outboard motor;
(B)
date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(C)
reasons for the removal of the vehicle, vessel, or outboard motor;
(D)
person who requested the removal of the vehicle, vessel, or outboard motor;
and
(E)
description, including the identification number, license number, or other
identification number issued by a state agency, of the vehicle, vessel, or
outboard motor;
(b)
except for a vehicle, vessel, or outboard motor that has been retrieved by the owner
or operator, within two business days of performing the tow truck service under
Subsection
(1)(a)
, send a certified letter to the last-known address of each party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor obtained from the Motor Vehicle Division or, if the person has actual
knowledge of the party's address, to the current address, notifying the party of the:
(i)
location of the vehicle, vessel, or outboard motor;
(ii)
date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(iii)
reasons for the removal of the vehicle, vessel, or outboard motor;
(iv)
person who requested the removal of the vehicle, vessel, or outboard motor;
(v)
a description, including its identification number and license number or other
identification number issued by a state agency; and
(vi)
costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
(c)
upon initial contact with the owner or operator whose vehicle, vessel, or outboard
motor was removed, provide the owner or operator with a copy of the Utah
Consumer Bill of Rights Regarding Towing established by the department in
Subsection
(16)(e)
.
(2)
(a)
Until the tow truck operator or tow truck motor carrier reports the information
required under Subsection
(1)(a)
, a tow truck operator, tow truck motor carrier, or
impound yard may not:
(a)
(i)
collect any fee associated with the removal; or
(b)
(ii)
begin charging storage fees.
(b)
If a tow truck operator, tow truck motor carrier, or impound yard fails to provide
notice as described in Subsection
(1)
, a possessory lien described in Subsection
(13)

is unenforceable against a party described in Subsection
41-6a-1406(6)(a)
.
(3)
(a)
Except as provided in Subsection
(3)(b)
or
(9)
, a tow truck operator or tow truck
motor carrier may not perform a tow truck service at the request or direction of a
private property owner or the property owner's agent unless:
(i)
the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
tow truck service; or
(ii)
the property owner erects signage that meets the requirements of:
(A)
Subsection
(4)(b)(ii)
; and
(B)
Subsection
(7)
or
(8)
.
(b)
Subsections
(7)
through
(9)
do not apply to the removal of a vehicle, vessel, or
outboard motor:
(i)
from a location where parking is prohibited by law, including:
(A)
a designated fire lane;
(B)
within 15 feet of a fire hydrant, unless the vehicle is parked in a marked
parking stall or space; or
(C)
a marked parking stall or space legally designated for disabled persons;
(ii)
from a location where it is reasonably apparent that the location is not open to
parking;
(iii)
from a location where all public access points are controlled by:
(A)
a permanent gate, door, or similar feature allowing the vehicle to access the
facility; or
(B)
a parking attendant;
(iv)
from a location that materially interferes with access to private property;
(v)
from the property of a detached single-family dwelling or duplex; or
(vi)
pursuant to a legal repossession.
(4)
(a)
A private property owner may, subject to the requirements of a local ordinance,
enforce parking restrictions by:
(i)
authorizing a tow truck motor carrier to patrol and monitor the property and
enforce parking restrictions on behalf of the property owner in accordance with
Subsection
(7)
;
(ii)
enforcing parking restrictions as needed by requesting a tow from a tow truck
motor carrier on a case-by-case basis in accordance with Subsection
(8)
; or
(iii)
requesting a tow from a tow truck motor carrier after providing 24-hour written
notice in accordance with Subsection
(9)
.
(b)
(i)
Any agreement between a private property owner and tow truck motor carrier
authorizing the tow truck motor carrier to patrol and monitor the property under
Subsection
(4)(a)(i)
shall include specific terms and conditions for the tow truck
motor carrier to remove a vehicle, vessel, or outboard motor from the property.
(ii)
In addition to the signage described in Subsection
(7)
or
(8)
, a private property
owner who allows public parking shall erect appropriate signage on the property
indicating clear instructions for parking at the property.
(iii)
Where a single parking area includes abutting parcels of property owned by two
or more private property owners who enforce different parking restrictions under
Subsection
(7)
or
(8)
, each property owner shall, in addition to the requirements
under Subsection
(7)
or
(8)
, erect signage as required by this section:
(A)
at each entrance to the property owner's parcel from another property owner's
parcel; and
(B)
if there is no clearly defined entrance between one property owner's parcel and
another property owner's parcel, at intervals of 40 feet or less along the line
dividing the property owner's parcel from the other property owner's parcel.
(iv)
Where there is no clearly defined entrance to a parking area from a highway, the
property owner shall erect signage as required by this section at intervals of 40
feet or less along any portion of a property line where a vehicle, vessel, or
outboard motor may enter the parking area.
(5)
Nothing in Subsection
(3)
or
(4)
restricts the ability of a private property owner from,
subject to the provisions of this section, instituting and enforcing regulations for parking
at the property.
(6)
In addition to any other powers provided by law, a political subdivision or state agency
may:
(a)
enforce parking restrictions in accordance with Subsections
(7)
through
(9)
on
property that is:
(i)
owned by the political subdivision or state agency;
(ii)
located outside of the public right-of-way; and
(iii)
open to public parking; and
(b)
request or direct a tow truck service in order to abate a public nuisance on private
property over which the political subdivision or state agency has jurisdiction.
(7)
For private property where parking is enforced under Subsection
(4)(a)(i)
, the property
owner shall ensure that each entrance to the property has signs located on the property
and clearly visible to the driver of a vehicle entering the property that substantially
comply with the following, as determined by the department:
(a)
a top sign that is 24 inches tall by 18 inches wide and has:
(i)
a blue, reflective background with a 1/2 inch white border;
(ii)
two-inch, white letters at the top of the sign with the capitalized words "Lot is
Patrolled";
(iii)
a white towing logo that is six inches tall and 16 inches wide that depicts an
entire tow truck, a tow hook, and an entire vehicle being towed; and
(iv)
two-inch, white letters at the bottom of the sign with the capitalized words
"Towing Enforced"; and
(b)
a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
border, and has:
(i)
a top half that is red background with white, reflective letters indicating:
(A)
who is authorized to park or restricted from parking at the property; and
(B)
any type of vehicle prohibited from parking at the property; and
(ii)
a bottom half that has a white, reflective background with red letters indicating:
(A)
the name and telephone number of the tow truck motor carrier that the
property owner has authorized to patrol the property; and
(B)
the
Internet
internet
web address "tow.utah.gov".
(8)
(a)
For private property where parking is enforced under Subsection
(4)(a)(ii)
:
,
(i)

a tow truck motor carrier may not:
(A)
(i)
patrol and monitor the property;
(B)
(ii)
perform a tow truck service without the written or verbal request of the
property owner or the property owner's agent; or
(C)
(iii)
act as the property owner's agent to request a tow truck service.
(b)
For private property where parking is enforced under Subsection
(4)(a)(ii)
, the
property owner shall ensure that each entrance to the property has a clearly visible
sign located on the property that substantially follows the following format, as
determined by the department:
(i)
the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective
border, and has:
(A)
at the top of the sign, a blue background with a white, reflective towing logo
that is at least four inches tall and 16 inches wide that depicts an entire tow
truck, a tow hook, and an entire vehicle being towed;
(B)
immediately below the towing logo described in Subsection
(8)(b)(i)(A)
, a
blue background with white, reflective letters at least two inches tall with the
capitalized words "Towing Enforced";
and
(C)
in the middle of the sign, a red background with white, reflective letters at
least one inch tall indicating who is authorized to park or restricted from
parking at the property, and any type of vehicle prohibited from parking at the
property; and
(ii)
at the bottom of the sign, a white, reflective background with red letters at least
one inch tall indicating:
(A)
either the name and telephone number of the property owner or the property
owner's agent who is authorized to request a tow truck service, or the name and
telephone number of the tow truck motor carrier that provides tow truck
services for the property; and
(B)
the
Internet
internet
web address "tow.utah.gov".
(c)
If a dispute arises regarding whether a sign required under this section substantially
complies with the requirements of this section, the department shall determine
whether the sign substantially complies.
(9)
(a)
For private property without signage substantially meeting the requirements of
Subsection
(7)
or
(8)
, as determined by the department, the property owner may
request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from
the private property 24 hours after the property owner or the property owner's agent
affixes a written notice to the vehicle, vessel, or outboard motor in accordance with
this Subsection
(9)
.
(b)
The written notice described in Subsection
(9)(a)
shall:
(i)
indicate the exact time when the written notice is affixed to the vehicle, vessel, or
outboard motor;
(ii)
warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel,
or outboard motor will be towed from the property if it is not removed within 24
hours after the time indicated in Subsection
(9)(b)(i)
;
(iii)
be at least four inches tall and four inches wide; and
(iv)
be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
the driver's side window of the vehicle, vessel, or outboard motor.
(c)
A property owner may authorize a tow truck motor carrier to act as the property
owner's agent for purposes of affixing the written notice described in Subsection
(9)(a)
to a vehicle, vessel, or outboard motor.
(10)
The department shall publish on the department
Internet
internet
website the signage
requirements and written notice requirements and illustrated or photographed examples
of the signage and written notice requirements described in Subsections
(7)
through
(9)
.
(11)
It is an affirmative defense to any claim, based on the lack of notice, that arises from
the towing of a vehicle, vessel, or outboard motor from private property that the property
had signage meeting the requirements of:
(a)
Subsection
(4)(b)(ii)
; and
(b)
Subsection
(7)
or
(8)
.
(12)
An individual described in Subsection
41-6a-1406(7)(f)(i)
or a party described in
Subsection
41-6a-1406(6)(a)
with an interest in a vehicle, vessel, or outboard motor
lawfully removed is only responsible for paying:
(a)
the tow truck service and storage fees set in accordance with Subsection
(16)
; and
(b)
the administrative impound fee set in Section
41-6a-1406
, if applicable.
(13)
(a)
As used in this Subsection
(13)
, "life essential item" means:
(i)
prescription medication;
(ii)
medical equipment;
(iii)
shoes;
(iv)
coats;
(v)
food and water;
(vi)
child safety seats;
(vii)
government-issued photo identification; and
(viii)
human remains.
(b)
The
Subject to Subsection
(13)(d)
, the
fees under Subsection
(12)
are a possessory
lien on the vehicle, vessel, or outboard motor.
(c)
Towing
Subject to Subsection
(13)(d)
, towing
fees are a possessory lien on the
vehicle, vessel, or outboard motor and any nonlife essential items contained in the
vehicle, vessel, or outboard motor.
(d)
(i)
Before two business days have passed since the date on which the vehicle,
vessel, or outboard motor was removed, a possessory lien described in
Subsections
(13)(b)
and
(13)(c)
is valid if the tow truck operator, tow truck motor
carrier, or impound yard has provided relevant information to the impound vehicle
service system database administered by the Motor Vehicle Division as described
in Subsection
(1)
.
(ii)
After two business days have passed since the date on which the vehicle, vessel,
or outboard motor was removed, a possessory lien described in Subsections
(13)(b)

and
(13)(c)
is valid if the tow truck operator, tow truck motor carrier, or impound
yard has sent notice by certified letter to the last-known address of each party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor as described in Subsection
(1)(b)
.
(d)
(e)
Except for a vehicle, vessel, or outboard motor being held as evidence, a tow
truck operator, a tow truck motor carrier, or an impound yard shall allow a party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor or an individual described in Subsection
41-6a-1406(7)(f)(i)
to take
possession of any life essential item within the vehicle, vessel, or outboard motor
during normal business hours regardless of whether the towing, impound fees, or
storage fees have been paid.
(e)
(f)
Except for a vehicle, vessel, or outboard motor being held as evidence, upon
payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an
impound yard shall allow a party described in Subsection
41-6a-1406(6)(a)
with an
interest in the vehicle, vessel, or outboard motor or an individual described in
Subsection
41-6a-1406(7)(f)(i)
to enter the vehicle, vessel, or outboard motor during
normal business hours and remove personal property not attached to the vehicle,
vessel, or outboard motor.
(f)
(g)
The tow truck operator or tow truck motor carrier shall securely store the
vehicle, vessel, or outboard motor and items described in Subsection
(13)(a)
in an
approved state impound yard until a party described in Subsection
41-6a-1406(6)(a)

with an interest in the vehicle, vessel, or outboard motor:
(i)
pays the fees described in Subsection
(12)
; and
(ii)
removes the vehicle, vessel, or outboard motor from the state impound yard.
(14)
(a)
A vehicle, vessel, or outboard motor shall be considered abandoned if a party
described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or
outboard motor or an individual described in Subsection
41-6a-1406(7)(f)(i)
does not,
within 30 days after notice has been sent under Subsection
(1)(b)
:
(i)
pay the fees described in Subsection
(12)
; and
(ii)
remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b)
A person may not request a transfer of title to an abandoned vehicle, vessel, or
outboard motor until at least 30 days after notice has been sent under Subsection
(1)(b)
.
(15)
(a)
A tow truck motor carrier or impound yard shall clearly and conspicuously post
and disclose all its current fees, rates, and acceptable forms of payment for tow truck
service and storage of a vehicle in accordance with rules established under
Subsection
(16)
.
(b)
A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
payment by cash and debit or credit card for a tow truck service under Subsection
(1)

or any service rendered, performed, or supplied in connection with a tow truck
service under Subsection
(1)
.
(16)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall:
(a)
subject to the restriction in Subsection
(17)
, set maximum rates that:
(i)
a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
or outboard motor that are transported in response to:
(A)
a peace officer dispatch call;
(B)
a motor vehicle division call; and
(C)
any other call or request where the owner of the vehicle, vessel, or outboard
motor has not consented to the removal;
(ii)
an impound yard may charge for the storage of a vehicle, vessel, or outboard
motor stored as a result of one of the conditions listed under Subsection
(16)(a)(i)
;
and
(iii)
an impound yard may charge for the after-hours release of a vehicle, vessel, or
outboard motor stored as a result of one of the conditions described in Subsection
(16)(a)(i)
;
(b)
establish authorized towing certification requirements, not in conflict with federal
law, related to incident safety, clean-up, and hazardous material handling;
(c)
specify the form and content of the posting and disclosure of fees and rates charged
and acceptable forms of payment by a tow truck motor carrier or impound yard;
(d)
set a maximum rate for an administrative fee that a tow truck motor carrier may
charge for reporting the information required under Subsection
(1)(a)(i)
and
providing notice of the removal to each party described in Subsection
41-6a-1406(6)(a)
with an interest in the vehicle, vessel, or outboard motor as required
in Subsection
(1)(b)
;
(e)
establish a Utah Consumer Bill of Rights Regarding Towing form that contains
specific information regarding:
(i)
a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is
towed;
(ii)
identifies the maximum rates that a tow truck motor carrier may charge for the
tow truck service of a vehicle, vessel, or outboard motor that is transported in
response to a call or request where the owner of the vehicle, vessel, or outboard
motor has not consented to the removal; and
(iii)
identifies the maximum rates that an impound yard may charge for the storage of
vehicle, vessel, or outboard motor that is transported in response to a call or
request where the owner of the vehicle, vessel, or outboard motor has not
consented to the removal; and
(f)
set a maximum rate for an after-hours fee allowed under Subsection
(19)(b)
.
(17)
An impound yard may not charge a fee for the storage of an impounded vehicle,
vessel, or outboard motor if:
(a)
the vehicle, vessel, or outboard motor is being held as evidence; and
(b)
the vehicle, vessel, or outboard motor is not being released to a party described in
Subsection
41-6a-1406(6)(a)
or an individual described in Subsection
41-6a-1406(7)(f)(i)
, even if the party satisfies the requirements to release the vehicle,
vessel, or outboard motor under Section
41-6a-1406
.
(18)
(a)
(i)
A tow truck motor carrier may charge a rate up to the maximum rate set by
the department in rules made under Subsection
(16)
.
(ii)
In addition to the maximum rates established under Subsection
(16)
and when
receiving payment by credit card or debit card, a tow truck operator, a tow truck
motor carrier, or an impound yard may charge a card processing fee of 3% of the
transaction total.
(b)
A tow truck motor carrier may not be required to maintain insurance coverage at a
higher level than required in rules made pursuant to Subsection
(16)
.
(19)
When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or
outboard motor as a result of a tow service that was performed without the consent of
the owner, and that was not ordered by a peace officer or a person acting on behalf of a
law enforcement agency, the tow truck motor carrier or impound yard shall make
personnel available:
(a)
by phone 24 hours a day, seven days a week; and
(b)
to release the impounded vehicle, vessel, or outboard motor to the owner within one
hour of when the owner calls the tow truck motor carrier or impound yard.
(20)
A tow truck motor carrier or a tow truck operator may not:
(a)
share contact or other personal information of an owner of a vehicle, vessel, or
outboard motor or a party described in Subsection
41-6a-1406(6)(a)
for which the
tow truck motor carrier or tow truck operator has performed a tow service; and
(b)
receive payment for referring a person for whom the tow truck motor carrier or tow
truck operator has performed a tow service to another service, including:
(i)
a lawyer referral service;
(ii)
a medical provider;
(iii)
a funding agency;
(iv)
a marketer for any service described in Subsections
(20)(b)(i)
through
(iii)
;
(v)
a marketer for any other service; or
(vi)
a third party vendor.
(21)
(a)
Subject to Subsection
(21)(b)
, a tow truck operator, tow truck motor carrier, or
impound yard that fails to provide timely and proper notice as described in
Subsection
(1)
to an owner or a lien holder of record as required in this section
forfeits the right to collect or enforce any towing, storage, or impound fees from the
owner or lien holder.
(b)
(i)
Before two business days have passed since the date on which the vehicle,
vessel, or outboard motor was removed, an owner or lien holder is responsible for
the towing, storage, and impound fees if the tow truck operator, tow truck motor
carrier, or impound yard has provided relevant information to the impound vehicle
service system database administered by the Motor Vehicle Division as described
in Subsection
(1)
.
(ii)
After two business days have passed since the date on which the vehicle, vessel,
or outboard motor was removed, an owner or lien holder is responsible for the
towing, storage, and impound fees if the tow truck operator, tow truck motor
carrier, or impound yard has sent notice by certified letter to the last-known
address of each party described in Subsection
41-6a-1406(6)(a)
with an interest in
the vehicle, vessel, or outboard motor as described in Subsection
(1)(b)
.
(c)
An owner or a lien holder may demand immediate release and possession of the
vehicle, vessel, or outboard motor without payment of towing, storage, or related fees
if:
(i)
the owner or lien holder provides proof of ownership or lien holder status; and
(ii)
the tow truck operator, tow truck motor carrier, or impound yard is unable to
provide evidence that notice was properly provided through certified letter as
described in Subsection
(1)(b)
.
(d)
(i)
If a party with an interest in the vehicle, vessel, or outboard motor claims notice
was not properly given, there is a rebuttable presumption that notice was not
properly provided as required in Subsection
(1)
.
(ii)
The presumption described in Subsection
(21)(d)(i)
may be rebutted by providing
credible, time-stamped evidence that the tow truck operator, tow truck motor
carrier, or impound yard, as applicable:
(A)
provided the relevant information to the impound vehicle service system
database administered by the Motor Vehicle Division as described in
Subsection
(1)
; or
(B)
sent a certified letter to the last-known address of each party with an interest
in the vehicle, vessel, or outboard motor as described in Subsection
(1)
.
(e)
In a civil action brought to enforce or challenge rights under this Subsection
(21)
, the
prevailing party shall be awarded reasonable attorney fees and costs.
(f)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may adopt rules to implement and clarify the process for an owner or a
lien holder to claim release under this Subsection
(21)
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 9:59 AM