Gov. Jared Polis signed a law last week that expands protections for vehicle owners who have had their cars towed on private property.
House Bill 22-1314 most notably requires that tow companies give 24 hour written notice before removing a vehicle from a parking spot or common area of a condominium, cooperative, apartment or mobile home park.
The company must also obtain authorization from the property owner, leaseholder or common interest community within 24 hours before towing a vehicle from private property. Upon request, the tow company must provide an itemized bill showing each charge and rate for each fee the person has incurred.
Under the new law, unless ordered by a police officer, companies cannot tow a vehicle from private property because the rear license plate shows the vehicle registration is expired.
The new law requires that companies charge the same fees for tows made without the owner’s consent as the charges for tows made with the owner’s consent. These must be filed with the public utilities commision and posted at the carrier’s storage location.
Before connecting to a vehicle, tow companies must photograph the vehicle’s condition and reason for the tow. Failure to produce documentation creates a presumption that damages to the vehicle were caused by the carrier or that the tow was not authorized.
Companies must also accept cash and major credit cards, and not charge storage fees for a day on which the carrier did not store the vehicle.
Upon demand of the owner, companies must retrieve the vehicle, the contents of the towed vehicle, or allow the owner to retrieve the vehicle or its contents.
If a carrier fails to comply with these requirements, it may not charge or retain any fees or charges for the operation and must return any fees it collected with respect to the vehicle.
The law also clarifies and simplifies the notification requirements for towing.
The law goes into effect mid August, according to Colorado’s Public Utilities Commission.
