Durham, NC Business Licensing & Operations: Towing Companies (2026)
Key Facts
- Governing section
- City Code § 50-391
- Applies to
- Police-initiated nonconsensual tows
- Fee cap
- Set by city council fee schedule
- Payment
- Cash, debit, or credit card
- Response time
- 30 minutes (§ 50-389)
- Civil penalty
- $200 first violation, $400 repeat
Summary
Durham caps what rotation-list tow operators can charge for police-initiated nonconsensual tows at the fee schedule adopted by city council under City Code § 50-391, requires posted pricing and cash/card payment, and backs it with a misdemeanor plus escalating $200/$400 civil penalties. Companion sections ban scene solicitation and require a 30-minute response.
(a)A tow truck operator on the city's rotation wrecker list, when responding to a police initiated request for towing services, shall not charge the owner of any vehicle towed without the consent of the owner an amount for towing and storage fees in excess of those fees prescribed in the schedule of police-initiated nonconsensual towing fees adopted by the city council. Police-initiated nonconsensual tows include situations where the owner or operator is unable to consent such as in cases of: a severe accident, or as a result of the order of a police officer. Each tow truck operator on the city's rotation wrecker list shall post in a conspicuous place on the business premises and in any tow truck the permitted tow charges when conducting a police-initiated nonconsensual tow.(b)Towing and storage fees for nonconsensual tows shall be payable by cash, debit card or credit card.(c)In addition to any other remedy available in the Code, violation of this section is a misdemeanor. A violation of this section shall also subject the offender to a civil penalty of $200.00 for the first violation and $400.00 for the second and each subsequent violation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Section 50-391 governs tows the vehicle owner couldn't consent to: severe accidents or a police officer's order. A tow operator on the city's rotation wrecker list who responds to a police-initiated request cannot charge more than the fees set in the police-initiated nonconsensual towing fee schedule adopted by city council, and each operator must post the permitted charges conspicuously at the business and inside every tow truck. Fees must be payable by cash, debit card, or credit card, not cash-only demands at the scene. each Wednesday, of vehicles held unclaimed more than 48 hours, including make, model, year, plate, and VIN.
Violations & Fines
Violating § 50-391 is a misdemeanor and separately triggers a civil penalty of $200 for a first violation and $400 for the second and each later violation. Related sections in the same article, unauthorized scene solicitation (§ 50-387), failing to clean debris (§ 50-388), and other prohibited-conduct provisions, are independently enforceable as misdemeanors.
Frequently Asked Questions
Can a Durham tow company charge whatever it wants for a police-ordered tow?
Can a Durham tow truck driver approach me at an accident to offer towing?
How fast must a Durham tow operator respond to a police towing request?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina business licensing & operations overview
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