Colorado Statewide Rule
Colorado Nonconsensual Towing Bill of Rights
Key Facts
- Drop fee once hooked up
- $0, banned outright
- Immediate-release payment
- 15% of fees, capped at $60
- Personal contents retrieval window
- 30 days after mailed notice, unpaid or not
- Windshield notice before towing
- 24 hours' written warning (8 exceptions)
- Required lot signage
- 2 sq ft minimum, bilingual, 3-10 ft high
- Photo evidence at hookup
- 4 angle photos, 2000x2000px minimum
- Enforcement agency
- Colorado PUC, hotline 303-894-2070
Summary
Colorado's Towing Bill of Rights, C.R.S. 40-10.1-405, governs only nonconsensual ("predatory") tows that PUC-permitted towing carriers pull from private property and common parking areas; it does not reach a tow a peace officer orders or one a driver requests. Carriers may charge no drop fee once a vehicle is hooked up, must release it immediately if the owner pays 15% of the bill (capped at $60), and must hand back personal contents within 30 days even if towing fees stay unpaid. Most lots must give 24 hours' windshield notice before towing.
(5)(c) The towing carrier shall immediately retrieve a vehicle that has been nonconsensually towed or allow the authorized or interested person to retrieve the vehicle if: (I) The owner pays fifteen percent of the fees, not to exceed sixty dollars, owed the towing carrier for the nonconsensual tow; and (II) The authorized or interested person is not a lienholder or insurance company. ... (6) Releasing the vehicle upon request. ... (b) A towing carrier shall not assess a drop charge to release the vehicle after the vehicle is hooked up to the tow truck but before the vehicle is removed from the property. (c) If approached by an authorized or interested person before the vehicle is removed from private property, the towing carrier shall notify the authorized or interested person that the towing carrier is required to release the vehicle upon request of the authorized or interested person. (d) Upon request by the authorized or interested person, the towing carrier shall stop any tow in progress before the vehicle is removed from private property.
Full Breakdown
1 of title 40. 1-405(2)). 1-405(3)). 1-405(3)(c)). 1-405(3)(b)). 1-405(1)). 1-405(5)(a)-(b)). 1-405(9) exempts tows ordered by a peace officer and certain commercial real estate parking spaces from the entire section.
Violations & Penalties
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)).
Frequently Asked Questions
Can a private lot charge me to release my car before it leaves the property?
How much do I have to pay to get my car back right away?
Does this law cover a tow the police order, or one I call myself?
What happens if the tow company breaks these rules?
Sources
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