HB 2305

Senate Engrossed
  House Bill
private towing
  carriers; regulation; rates
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2305
AN
ACT
amending sections 9-499.05 and 11-251.04,
arizona revised statutes; RELATING to private towing carriers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499.05, Arizona Revised
Statutes, is amended to read:
START_STATUTE9-499.05. State preemption; rates for private towing carrier; notice of
parking violations; photographic documentation; tow carrier identification;
release of motor vehicle; damages; violation; classification; applicability;
definition
A. The governing body of an
incorporated city or town may regulate the maximum rate and charge for towing,
transporting or impounding a motor vehicle from private property without the
permission of the owner or operator of the vehicle by any private towing
carriers doing business within its boundaries. A private towing
carrier is subject to the maximum rate and charge regulation prescribed by the
city or town for all such towing, transporting or impounding services if the
vehicle being towed or transported is towed from private property located
within the boundaries of the city or town.
a. The regulation of towing rates for
motor vehicles that are towed from private property by private
towing carriers pursuant to this section is a matter of statewide
concern. The regulation of towing rates for motor
vehicles that are towed by private towing carriers pursuant to this section is
not subject to further regulation by a county, city, town or other political
subdivision of this state.
b. For a city
or town that does not regulate the rate for private towing motor vehicles from
private property as of January 1, 2026, the rate for towing, transporting,
impounding or storing a motor vehicle that is towed from
private property shall be the rate published in the department of public safety
tow service agreement for the location from which the motor vehicle was towed.
C. On or before july 1, 2027, a city
or town that has, as of January 1, 2026, regulated the rate for private towing
of motor vehicles from private property shall update the rates for private
towing of motor vehicles from private property to the market standards or the
rates and fees prescribed by this section.
B. D. The
owner or agent of the owner of the private property shall be deemed to have
given consent to unrestricted parking by the general public in any parking area
of the private property unless such the
parking area is posted with signs as prescribed by this subsection which that are clearly visible and
readable from any point within the parking area and at each
entrance. This subsection does not apply if a motor
vehicle is towed from a single-family residence and the owner of the
single-family residence or a tenant at the single-family residence
is the party who requested the tow. Such
The signs shall contain must meet, at a minimum, all of the
following requirements:
1. Restrictions on parking.
2. Disposition of vehicles found in
violation of the parking restrictions.
3. Maximum cost to the violator,
including storage fees and any other charges that could result from the
disposition of a vehicle parked in violation of parking restrictions.
4. Telephone number and address where
the violator can locate the violator's vehicle.
1. Be posted in a manner to face and
be conspicuously visible to the driver of a motor vehicle that enters a private parking facility and be posted on the left or right side of
each driveway or curb cut in which a motor vehicle can enter the facility.
2. Be constructed using weather
resistant materials.
3. Be a minimum of nine inches wide
and twelve inches tall and not more than twelve inches wide and eighteen inches
tall.
4. Contain all of the following:
(a) The following
language: "Unauthorized vehicles will be towed at the motor vehicle
owner's or operator's expense pursuant to arizona revised statutes section 9-499.05".
(b) A telephone
number that is monitored twenty-four hours a day that enables the motor
vehicle owner or operator to locate the towed motor vehicle.
(c) The towing
and storage rate and information on the release of THE motor VEHICLE and the rights of the owner of the motor vehicle through a website
link or qr code.
5. Be permanently mounted on a pole,
post, permanent wall or permanent barrier.
C. E. It
is unlawful for a private towing carrier to tow or transport a motor vehicle
from private property without the permission of the owner or operator of the
motor vehicle unless such the
private towing carrier receives a request from a law enforcement agency or the
express written permission from the owner or the agent of the owner of the
property that has complied with the requirements of subsection B
D of this section. The owner or the owner's
agent shall either sign each towing order or authorize the tow by a written
contract which that is valid for a
specific length of time. The private towing carrier may not act as
the agent of the owner.
D. A person who violates subsection C
is guilty of a class 2 misdemeanor.
F. Before mechanically connecting a
motor vehicle to a private towing carrier, the private towing carrier shall
document, through the use of date-and-time-stamped digital
photography or digital video, the nature of the private parking
violation. The private towing carrier shall provide all photographic
or video images to the owner of the motor vehicle or the owner's agent, if
requested. The photographic evidence shall include all of the
following:
1. Images of the motor vehicle being
towed.
2. Images of the signage required
pursuant to subsection D of this section, if applicable.
3. Images of the entire motor vehicle
taken from all four corners of the motor vehicle.
4. Images of the motor vehicle's
license plate or motor vehicle identification number.
G. Any private
towing carrier that tows a motor vehicle from private property without the
permission of the motor vehicle's owner or the owner's agent shall notify the
appropriate law enforcement agency within one hour after mechanically
connecting the motor vehicle to a private towing carrier. The
private towing carrier shall provide the appropriate law enforcement agency
with all of the following information:
1. The name and address of the motor
vehicle's owner, if known.
2. The motor vehicle's license plate
number and vehicle identification number and a description of the motor
vehicle.
3. The reason for the tow of the
motor vehicle.
4. The street address of the impound
lot where the motor vehicle will be impounded.
5. The name and address of the
private towing carrier that will tow the motor vehicle and the name of the
person who will tow the motor vehicle on behalf of the private towing carrier.
6. A phone number that is answered
twenty-four hours a day, seven days a week for the private towing carrier
and the impound lot where the motor vehicle will be impounded.
H. A private towing carrier shall
release an impounded motor vehicle to the owner of record or the owner's agent
who pays, or makes arrangements to pay, the charges prescribed pursuant to
subsection b of this section in a manner consistent with the department of
public safety tow service agreement and who proves ownership of the motor
vehicle by providing a government-issued photo identification and one of
the following:
1. A valid certificate of title.
2. Proof of a current vehicle
registration that is not a restricted use three-day permit.
3. A repossession affidavit and A
hold harmless liability release from legal claims.
4. an insurance company release
pursuant to section 28-4847.
5. A certified vehicle record.
6. Proof of a bona fide security
interest or other financial interest in the motor vehicle that exists at the
time of the motor vehicle tow.
I. The
private towing carrier shall provide the motor vehicle owner with an itemized
receipt for services and, on request, shall provide a copy of this statute to
the motor vehicle owner or owner's agent who reclaims the motor vehicle.
J. A private towing carrier that
charges a towing fee greater than the towing fee that is prescribed pursuant to
subsection b of this section may be ordered to reimburse the motor vehicle
owner for any overcharges or unauthorized charges.
K. A private towing carrier or private parking facility owner that intentionally, knowingly or
recklessly violates this section is liable to the owner of the motor vehicle
that is the subject of the violation for damages equal to two times the amount
of the fees assessed as part of the motor vehicle's towing and storage.
L. A private towing carrier may not
require immediate payment as a condition of releasing a motor vehicle.
E. M. This
section shall apply applies only to
services performed while a person is actually engaged in the activities of a
private towing carrier.
F. N. The provisions of This section do does not apply to abandoned or junk
vehicles disposed of pursuant to title 28, chapter 11.
O. A person who violates this section
is guilty of a class 2 misdemeanor.
P. This section does not apply to
agreements entered into between law enforcement agencies and private towing
carriers for law enforcement-initiated towing services.
Q. A private towing carrier may not
pay or agree to pay an owner or an agent of an owner of private property from
which a motor vehicle is towed.� An owner or an agent of an owner of private
property from which a motor vehicle is towed may not accept or agree to accept
any money, fees, commissions, credits, gifts, gratuities or other compensation
for the provided towing service.
G. R. For the purposes of this section, "private
towing carrier":
1. Means
any person who commercially offers services to tow, transport or impound motor
vehicles from private property without the permission of the owner or operator
of the vehicle by use of a truck or other vehicle designed for or adapted to
that purpose
2. Does not include a motor vehicle
dealership. END_STATUTE
Sec. 2. Section 11-251.04, Arizona Revised
Statutes, is amended to read:
START_STATUTE11-251.04. State preemption; rates for private towing carrier; release of
motor vehicle; damages; applicability; definition
A. Except as provided in subsection B
of this section, the board of supervisors may regulate the maximum rate and
charge for towing, transporting or impounding a motor vehicle from private
property without the permission of the owner or operator of the vehicle by any
private towing carriers doing business within the boundaries of the county.
A private towing carrier is subject to the maximum rate and
charge regulation prescribed by the board of supervisors for all such towing,
transporting or impounding services if the vehicle being towed or transported
is towed from private property located on property that lies within the
boundaries of the county.
B. The provisions of Subsection
A  of this section shall not apply to the towing, transporting or
impounding of a motor vehicle from private property without the permission of
the owner or operator of the vehicle by a private towing carrier where the
vehicle being towed or transported is towed or transported from property that
lies within the boundaries of an incorporated city or town that has regulated
such towing, transporting or impounding pursuant to section 9-499.05.
A. The regulation of towing rates for motor vehicles that are towed from private property by private towing
carriers pursuant to this section is a matter of statewide
concern. The regulation of towing rates for motor
vehicles that are towed by private towing carriers pursuant to this section is
not subject to further regulation by a county, city, town or other political
subdivision of this state.
b. For a county that does not regulate the rate for private towing motor
vehicles from private property as of January 1, 2026, the rate for towing,
transporting, impounding or storing a motor vehicle that
is towed from private property shall be the rate published in the department of
public safety tow service agreement for the location from which the motor
vehicle was towed.
C. On or before july 1, 2027, a
county that has, as of January 1, 2026, regulated the rate for private towing
of motor vehicles from private property shall update the rates for private
towing of motor vehicles from private property to the market standards or the
rates and fees prescribed by this section.
C. D. It
is unlawful for a private towing carrier to tow or transport a motor vehicle
from private property without the permission of the owner or operator of the
motor vehicle unless such the
private towing carrier receives a request from a law enforcement agency or the
express written permission from the owner or the agent of the owner of the
property. The owner or his the
owner's agent shall either sign each towing order or authorize the tow
by a written contract which that is
valid for a specific length of time. The private towing carrier may
not act as the agent of the owner.
D. A person who violates subsection
C is guilty of a class 2 misdemeanor.
E. A private towing carrier shall
release an impounded motor vehicle to the owner of record or the owner's agent
who pays, or makes arrangements to pay, the charges prescribed pursuant to
subsection b of this section in a manner consistent with the department of
public safety tow service agreement and who proves ownership of the motor
vehicle by providing a government-issued photo identification and one of
the following:
1. A valid certificate of title.
2. Proof of a current vehicle
registration that is not a restricted use three-day permit.
3. A repossession affidavit and A
hold harmless liability release from legal claims.
4. an insurance company release
pursuant to section 28-4847.
5. A certified vehicle record.
6. Proof of a bona fide security
interest or other financial interest in the motor vehicle that exists at the
time of the motor vehicle tow.
7. Proof of a lien on the motor
vehicle, if applicable.
F. The private towing carrier shall
provide the motor vehicle owner with an itemized receipt for services and, on
request, shall provide a copy of this statute to the motor vehicle owner or
owner's agent who reclaims the motor vehicle.
G. A private towing carrier that
charges a towing fee greater than the towing fee that is prescribed pursuant to
subsection b of this section may be ordered to reimburse the motor vehicle
owner of any overcharges or unauthorized charges.
H. A private towing carrier may not
require immediate payment as a condition of releasing a motor vehicle.
I. A private towing carrier or private parking facility owner that intentionally, knowingly or
recklessly violates this section is liable to the owner of the motor vehicle
that is the subject of the violation for damages equal to two times the amount
of the fees assessed as part of the motor vehicle's towing and storage.
J. A
private towing carrier may not pay or agree to pay an owner or an agent of an
owner of private property from which a motor vehicle is towed.� An owner or an
agent of an owner of private property from which a motor vehicle is towed may
not accept or agree to accept any money, fees, commissions, credits, gifts,
gratuities or other compensation for the provided towing service.
E. K. This
section shall apply applies only to
services performed while a person is actually engaged in the activities of a
private towing carrier.
F. L. For
the purposes of this section, "private towing carrier" means any
person who commercially offers services to tow, transport or impound motor
vehicles from private property without the permission of the owner or operator
of the vehicle by use of a truck or other vehicle designed for or adapted to
that purpose. END_STATUTE
Sec. 3. Heavy-duty truck towing study committee; membership;
duties; report; delayed repeal
A. The
heavy-duty truck towing study committee is established to consider private
property towing practices only and consists of the following members:
1. One member of the house
of representatives who is appointed by the speaker of the house of
representatives.
2. One member of the senate
who is appointed by the president of the senate.
3. Two members who
represent the private towing industry, one who is appointed by the speaker of
the house of representatives and one who is appointed by the president of the
senate.
4. One member who
represents the trucking industry who is appointed by the speaker of the house
of representatives.
5. One member who
represents the department of public safety and who is appointed by the
governor.
B. The members of the board
shall elect a chairperson and vice chairperson.
C. The study committee
shall only review the following practices that pertain to towing vehicles that
weigh twenty-six thousand pounds or more from private property.
1. Review cargo release
practices.
2. Review heavy-duty truck
towing enforcement issues.
3. Evaluate the minimum
towing insurance requirements.
4. Discuss establishing a
state towing board and potential state towing board duties.
D. On
or before June 30, 2027, the committee shall submit a report regarding the
committee's activities and recommendations to the governor, the president of
the senate and the speaker of the house of representatives and shall provide a
copy of the report to the secretary of state.
E. This section is repealed
from and after December 31, 2027.
Sec. 4. Department of
public safety; towing compliance unit; report; recommendations
A. On or before December
31, 2026, the department of public safety shall submit a report to the
president of the senate and the speaker of the house of representatives on
establishing and administering a towing compliance and enforcement unit within
the department of public safety to regulate private towing carriers in this
state. The report must include all of the following:
1. The ability of a towing
and compliance enforcement unit to do all of the following:
(a) Investigate complaints
involving private towing carriers.
(b) Enforce applicable
private towing carrier rates.
(c) Enforce compliance with
state private towing carrier laws and rules.
(d) Investigate and take
enforcement action against excessive, fraudulent, deceptive or predatory
private towing carrier practices.
(e) Conduct audits and
investigations of private towing carriers that perform private towing on
receiving a complaint, on finding a pattern of violation of private towing laws
in this state or on the referral from a law enforcement agency.
2. A proposed budget and
recommendations for the appropriation of monies or the assessment and use of
private towing fees for a towing and compliance enforcement unit.
B. The department of public
safety shall submit to the joint legislative budget committee for review the
proposed budget recommendations for the appropriation of monies or the
assessment and use of private towing fees for a towing and compliance
enforcement unit.