Colorado Nonconsensual Towing Bill of Rights

The Public Utilities Commission permits and regulates towing carriers under article 10.1 of title 40. Before hooking up a vehicle without consent, a carrier must photograph it from all four sides at 2000x2000 pixels or better, plus a photo of the reason for the tow; skipping this creates a rebuttable presumption of carrier-caused damage, and skipping the reason photo creates a presumption the tow was unauthorized (40-10.1-405(2)). Towing from private property requires documented, non-automated permission signed within the 24 hours before each individual tow, on a PUC form the carrier keeps three years and produces on request; a carrier may not patrol a lot to enforce parking rules itself (40-10.1-405(3)).

Lots must post bilingual (English and Spanish) signage at least two square feet, lettering an inch tall in contrasting color, naming the towing carrier and its phone number, mounted three to ten feet high both facing the street entrance and facing the parking area (40-10.1-405(3)(c)). Absent eight listed exceptions (repeat offenders, repossession, court/officer order, blocked driveway, an accessible-parking violation, a fire zone, occupying a resident's reserved space, or an unauthorized vehicle in a residents-only lot), a vehicle owner gets 24 hours' written windshield warning first (40-10.1-405(3)(b)).

Carriers must post maximum PUC-set rates at their business and website with the consumer-affairs hotline 303-894-2070, accept cash and major credit cards, and may not bill storage for a day they did not store the car or any fee the commission's rules do not list (40-10.1-405(1)). A carrier holds no mechanic's lien on a towed vehicle's contents and must let the owner retrieve them within 30 days of the mailed notice, unpaid fees notwithstanding, unless a hold order applies (40-10.1-405(5)(a)-(b)). Section 40-10.1-405(9) exempts tows ordered by a peace officer and certain commercial real estate parking spaces from the entire section.

A towing carrier that violates article 10.1, the towing statutes in title 38 or 42, or PUC rules forfeits any fee for that tow and must refund what it already collected (C.R.S. 40-10.1-406(1)(a)). Its noncompliance is an affirmative defense if the carrier later sues to collect towing fees, and within 48 hours of a violation finding the carrier must return the vehicle to where it was towed from, unless the owner prefers to retrieve it from storage or return isn't practical (406(1)(b)-(c)). An owner whose vehicle the carrier damaged, or whose losses trace to a statutory violation, can recover reasonable attorney fees once the carrier refuses to reimburse after demand (406(2)). Complaints go to the PUC's consumer affairs line, 303-894-2070, and the carrier must give a conspicuous written notice of that complaint right on the invoice, receipt, and bill (405(4)(e)).