We Check is a universal program that was developed to help protect consumers as well as industries so that anyone can quickly and easily identify whether or not a service operation is in compliance with all current laws and requirements set forth in the service industry.

When a company signs up and commits to the We Check program, they simply require any other tow operator to provide them with the necessary documentation to verify that they are in compliance before allowing them to remove any vehicle from their storage facility. This documentation is then forwarded to We Check, verified, then that company will be added to the appropriate list on the We Check website, which is available for anyone to see.

A tow company that is not in compliance puts their customers as well as other businesses at risk of being held responsible for anything that might go wrong. If a tow operator who does not carry all of the insurance requirements gets hurt while they are loading or unloading a vehicle on your property, or if they get into an accident while towing a vehicle, you could be liable to pay for any medical expenses related to the injury and/or any damages done to the vehicle.

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Current Regulations

Colorado Towing Laws & Towing Regulations

This is from the Public Utility Commission and is the most current set of Colorado towing laws and towing regulations. This will be updated whenever there is an update to these regulations

TOWING CARRIER RULES

6500.  Applicability of Towing Carrier Rules.

(a)  Rules 6500 through 6599 apply to all towing carriers, and to all Commission proceedings and operations concerning towing carriers, applicants, employees, and drivers.

(b)  For a tow and storage of a motor vehicle performed under a written agreement with a municipal, county, state, or federal agency, nothing in these towing carrier rules shall be construed to prohibit such agency, to the extent permitted by law, from adopting and enforcing additional or more stringent requirements relating to towing carrier operations with regard to rules 6506; 6507(a), (c), and (d); 6508; 6509; 6510; and 6512(a), (b), (d), (e), and (f).

(c)  With regard to rules 6511(b), (c), (d), (f), (g)(I)(A), (g)(II), (h), and (i), the written agreement may set higher or lower maximum rates than are provided in such rules. In the event the written agreement does not set such rates, the Commission’s rules will prevail. For purposes of this paragraph, a written agreement does not include a tow authorization by a law enforcement official given to a towing carrier with which the law enforcement official’s agency does not have a written agreement.

6501.  Definitions.

In addition to the generally applicable definitions in rule 6001, the following definitions apply only in the context of these towing carrier rules:

(a)  “Abandoned motor vehicle” means an “abandoned motor vehicle” as defined by  § § 42-4-1802(1) and 42-4-2102(1), C.R.S.

(b)  “Authorized agent” means a person, including a towing carrier, who has been given written or oral permission by the owner or lessee of a motor vehicle to act as agent for the disposition of said motor vehicle.

(c)  “Authorized operator” means a person who has been given written or oral permission to drive a motor vehicle by the owner or lessee of said motor vehicle.

(d)  “Law enforcement officer”  means any sheriff, police officer, Colorado state patrol officer, municipal code enforcement officer, or other such person acting in his or her official capacity for enforcement of motor vehicle laws.

(e)  “Legal disability” means the condition of a trailer or semi-trailer that, due to its weight, height, or other size characteristics, is unable to be transported when attached to the vehicle that was pulling it.

(f)  “Nonconsensual tow” means the transportation of a motor vehicle by tow truck if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

(g)  “Normal business hours” means 8:00 AM to 5:00 PM, Monday through Friday, excluding legal holidays, and any additional hours and days the towing carrier may designate.

(h)  ” Private property”  means any real property that is not public property.

(i)  “Property owner”  means:

(I)  the owner or lessee of the private property or public property;

(II)  a person who has been authorized in writing to act as agent for the owner or lessee of the private property or public property (see also rule 6508(a) as to requirements applicable to towing carriers acting as agent); or

(III)  a federal, state, county, municipal, or other government entity that is the owner or lessee of the private property or public property, or such entity’s employees responsible for such property.

(j)  “Public property”  means any real property having its title, ownership, use, or possession held by the federal government; this state; or any county, municipality, or other governmental entity of this state.

(k)  “Tow truck” means a motor vehicle specially designed or equipped for transporting another motor vehicle by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting such other motor vehicle from one place to another.

6502.  Permit Requirement.

Unless exempted by  § 40-10.1-105(1)(j), C.R.S., no person shall operate or offer to operate as a towing carrier without a valid towing carrier permit issued by the Commission.

6503.  Permit Application.

(a)  Any person seeking a permit to operate as a towing carrier shall submit a completed application on the form provided by the Commission.

(b)  In addition to the application, a person seeking a permit to operate as a towing carrier shall:

(I)  pay an application fee of $150.00;

(II)  cause to be filed the required proof of financial responsibility; and

(III)  pay the required annual fees or, if applicable, shall be in compliance with the UCR Agreement.

(c )  The Commission will not issue a permit to operate as a towing carrier until the Commission has received all information, documentation, and payments required by paragraphs (a) and (b) of this rule.

6504 – 6505 [Reserved]

6506.  Equipment and Accessories.

In addition to complying with all applicable safety regulations, all towing vehicles shall meet the following minimum requirements:

(a)  Basic towing vehicle requirements.

(I)  A towing carrier shall equip its towing vehicles with engines, transmissions, differentials, driveline components, brake systems, frames, steering components, and suspensions of sufficiently heavy construction to safely winch, lift, tow, load, and transport the towed motor vehicle.

(II)  A towing carrier shall maintain its towing vehicles in a manner ensuring the safe winching, lifting, towing, loading, and transporting of the towed motor vehicle.

(III)  A towing carrier shall ensure that all its towing vehicles have each of the following:

(A)  a GVWR of at least 10,000 pounds;

(B)  fender coverings for front and rear wheels;

(C)  the following operational electric lights:

(i)  one spotlight, mounted behind the cab, capable of lighting the scene of disability and the motor vehicle to be moved (reverse/back-up lights of the towing vehicle shall not be used in lieu of the spotlight); and

(ii)  one portable, combination light system capable of being securely attached on the rear of the towed motor vehicle; consisting of (with an equal number on each side) two tail lamps, two stop lamps, and two turn signals; and operated in conjunction with analogous lights on the towing vehicle;

(D)  one steering wheel tying device free from cracks, fraying, or deterioration; and

(E)  the following accessories for any towing carrier that performs tows from accident scenes:

(i)  one shovel; and

(ii)  one broom.

(b)  Winching, lifting, towing, and carrying equipment shall be maintained in a manner to ensure the safe winching, lifting, towing, loading, and transporting of the towed motor vehicle, and shall include at least one of the following:

(I)  Winch and crane: A power-driven winch and crane with a capacity of not less than 6,000 pounds with a winch cable capable of withstanding a test of not less than 10,000 pounds at breaking point or hydraulic system vehicle lift and a cradle, with a tow plate or sling, equipped with safety chains and chains with J-hooks of sufficiently heavy construction to ensure the safe lifting of the motor vehicle;

(II)  Wheel-lift system: A wheel-lift system with a stinger, L arm brackets, safety chains and tie-down straps, or a mechanical wheel retainer device forming an integral part of the L-arm bracket, of sufficiently heavy construction to secure the motor vehicle to the wheel-lift unit and to ensure the safe lifting and towing of the motor vehicle; or
(III)  Rollback system: A rollback system with a winch and cable as described in subparagraph (I) of this paragraph, safety chains, tie-down equipment, and truck bed of sufficiently heavy construction to ensure the safe loading and transporting of the motor vehicle.

(c)  A towing carrier shall not tow a motor vehicle that is so extensively damaged as to be unmovable on its own wheels, unless the towing vehicle is equipped with dollies, a wheel-lift system, or a rollback system of sufficiently heavy construction to ensure the safe loading and towing of the damaged motor vehicle.

(d)  Rescue and recovery equipment.

(I)  For purposes of this paragraph (d), rescue and recovery operation means that a motor vehicle must first be moved by means of the mechanical devices described in subparagraph (d)(II) before it is capable of being towed by the towing vehicle.

(II)  The following equipment is required only if the towing carrier performs rescue and recovery operations:

(A)  Dead-man blocks/scotch blocks and other tie-down equipment that are sufficient to hold the towing vehicle in place while performing the rescue or recovery operation;

(B)  Web straps or slings that are free of cuts or fraying across 50 percent of the width of their surface;

(C)  Snatch blocks that are free of any cracks and excessive wear, and are lubricated sufficiently to allow free movement of the sheave and other swivel points; and

(D)  Chains that are capable of withstanding a test of not less than 10,000 pounds at breaking point, with links that are free of cracks and of wear that exceeds 15 percent of the original stock diameter.

6507.  Storage Facilities.

(a)  Disclosure of facility location. For nonconsensual tows of other than an abandoned motor vehicle as provided for under paragraph (b) of this rule, within one hour of placing a motor vehicle in a storage facility, or such lesser time as may be required by law, a towing carrier shall disclose the location of the storage facility by notifying the responsible law enforcement agency having jurisdiction over the place from which the motor vehicle was towed. However, if notification of the law enforcement agency is not possible, then by notifying either:

(I)  the owner, the authorized operator, or the authorized agent of the owner of the towed motor vehicle; or

(II)  the owner of the property from which the motor vehicle was towed.

Compliance with this paragraph will be considered accomplished if the location of the storage facility was provided to the property owner or the law enforcement agency in conjunction with obtaining authorization for the tow.

(b)  Disclosure for abandoned motor vehicles. A towing carrier which places an abandoned motor vehicle in a storage facility shall disclose the location of the storage facility by complying with the procedure for abandoned motor vehicles in Parts 18 and 21 of Article 4 of Title 42, C.R.S.

(c)  Disclosure for all towed motor vehicles. Upon request of the owner, authorized agent or authorized operator of the motor vehicle, a towing carrier which places a motor vehicle in a storage facility shall disclose the location of the storage facility, the total amount of the charges, and the accepted forms of payment.

(d)  Noncompliance with disclosure requirements. A towing carrier that fails to comply with the disclosure requirements of this rule shall not charge, collect, or retain any fees or charges for storage of the stored motor vehicle.

6508.  Authorization for Towing of Motor Vehicles.

(a)  Towing carrier acting as agent for the property owner.

(I)  A towing carrier may act as the agent for the property owner under a written agreement to that effect, provided the agreement is compliant with this paragraph (a). Such written agreement shall be maintained as provided in rule 6005 and shall contain at least the following information:

(A)  the name, address, telephone number, email address (if applicable), and PUC Towing Permit number of the towing carrier;

(B)  the name, address, email address (if applicable), and telephone number of the property owner;

(C)  the address of the property from which the tows will originate;

(D)  the name of each individual person who is authorized to sign the tow authorization;

(E)  the address and phone number of the storage facility where the vehicle owner may retrieve the vehicle;

(F)  the time period for which the agreement is made;

(G)  a statement that the rates for a nonconsensual tow from private property, and the drop charge if the vehicle is retrieved before removal from the private property, are set by rule of the Public Utilities Commission;

(H)  the name, title, and signature of the person making the agreement on behalf of the property owner and on behalf of the towing carrier; and

(I)  the date the agreement is signed.

(II)  Nothing in this paragraph (a) shall preclude a towing carrier, which towing carrier has been paid for the tow by the property owner at rates in accordance with rule 6511(d), from collecting the towing charges from the motor vehicle owner and reimbursing said charges to the property owner.

(III)  No agency provided for in paragraph 6508(a) shall affect any obligation, liability, or responsibility of the property owner to any third party. Any provision attempting to affect such obligation, liability, or responsibility shall be void.

(b)  Authorization.

(I)  A towing carrier shall not tow any motor vehicle unless one of the following conditions is met:

(A)  the towing carrier is directed to perform a tow by a law enforcement officer;

(B)  the towing carrier is requested to perform a tow by the owner, authorized operator, or authorized agent of the owner of a motor vehicle; or

(C)  the towing carrier is requested to perform a tow upon the authorization of the property owner.

(II)  Property owner authorization. The authorization from the property owner shall be in writing; shall identify, by make and license plate number (or in lieu thereof, by vehicle identification number), the motor vehicle to be towed; and shall include the date, time, and place of removal.

(A)  The authorization shall be filled out in full, signed by the property owner, and given to the towing carrier before the motor vehicle is removed from the property. The property owner may sign using a verifiable employee identification number or code name in lieu of the person’s proper name.

(B)  A towing carrier shall not accept or use blank authorizations pre-signed by the property owner.

(C)  The written authorization may be incorporated with the tow record/invoice required by rule 6509.

(D)  With the exception of police-ordered tows, a towing carrier that is requested to perform a tow upon the authorization of a property owner or agent of the property owner must immediately deliver the vehicle that is being removed from the property to the storage facility without delay. No vehicle may be relocated and towed to a storage facility at a later time. A towing carrier may not charge, collect, or retain any fee or charge for services performed in violation of this subparagraph.

(c)  Noncompliance. If a tow is performed in violation of this rule, the towing carrier shall not charge, collect, or retain any fees or charges for the unauthorized services it performs. Any motor vehicle that is held in storage and that was towed without proper authorization shall be released to the owner, lienholder, or agent of the owner or lienholder without charge.

6509.  Tow Record/Invoice.

(a)  Towing carriers shall use and complete all applicable portions of a tow record/invoice form for all nonconsensual tows. The tow record/invoice form shall contain the following information:

(I)  the serial number of the tow record/invoice;

(II)  the name, address, permit number, and telephone number of towing carrier;

(III)  the address of the storage facility used by the towing carrier, including the telephone number for that storage facility if the number is different than the telephone number of the towing carrier;

(IV)  the date and time of tow commencement and completion, the time of arrival on the scene if different from the time of commencement, the time the towed motor vehicle is placed in storage, and all other times necessary for the purpose of calculation of hourly charges;

(V)  the make, model, year, vehicle identification number, and, if available, license plate number of the motor vehicle towed;

(VI)  the origin address of the tow, the destination address of the tow, and the one-way mileage between such addresses;

(VII)  unless incorporated into the authorization in rule 6508(b)(II),

(A)  the name, address, and telephone number of the person authorizing the tow; and

(B)  the signature of the property owner authorizing a tow;

(VIII)  if the towed motor vehicle is unlocked, a list of its contents;

(IX)  the unit number or license number of the towing vehicle;

(X)  the signature of the towing vehicle operator;

(XI)  an itemized invoice of all towing charges assessed; and

(XII)  the signature of the owner, authorized operator, or other authorized person to whom the motor vehicle is released; and

(XIII)  on at least the customer’s copy, the following notice in a font size of at least 10: “Report problems to the Public Utilities Commission at (303) 894-2070.”

(b)  The tow record/invoice shall be a multiple copy form. The copies shall be distributed as follows:

(I)  The towing carrier shall retain the copy bearing all required original signatures for authorization and release.

(II)  The towing carrier shall deliver a copy to the owner, authorized operator, or authorized agent of the owner at the time of payment of towing charges and release of the towed motor vehicle.

6510.  Disclosure of Rates and Charges.

(a)  Prior to performing any tow, a towing carrier shall disclose to the owner, authorized operator, or authorized agent of the owner of the motor vehicle all rates and charges to be assessed. This rule does not apply to a nonconsensual tow authorized by the property owner or a tow ordered by a law enforcement officer.

(b)  This disclosure may either be written or oral and shall include, but is not limited to, the following information:

(I)  any extra charges made necessary because, at the time of the tow, the towing carrier would be unable to deliver the motor vehicle to a repair or body shop during the normal working hours of such repair or body shop;

(II)  any extra charges made necessary because, at the time of the tow, the towing carrier would be unable to deliver the motor vehicle to a location and at a time agreed upon by the owner, authorized operator, or authorized agent of the owner to take delivery of the vehicle and pay the tow charges; and

(III)  estimated charges for mileage and storage.

6511.  Rates and Charges.

(a)  The rates and charges in this rule 6511 shall not apply to:

(I)  a tow of an abandoned motor vehicle weighing in excess of 10,000 pounds GVWR for which the charges are determined by negotiated agreement between the towing carrier and the responsible law enforcement agency as provided in  § 42-4-1809(2)(a), C.R.S.; or

(II)  a tow of an abandoned motor vehicle performed under a written agreement between the towing carrier and the responsible law enforcement agency as provided in  § 42-4-1809(3), C.R.S.

(b)  Charge if retrieved before removal (commonly known as “drop charge”).

(I)  If the owner, authorized operator, or authorized agent of the owner of a motor vehicle with a GVWR of less than 10,000 pounds that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property, the maximum drop charge (whether motor vehicle is hooked up or not) is $ 70. 00.

(II)  In such circumstances, the towing carrier shall, prior to removal, advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing carrier’s drop charge. The towing carrier shall concurrently advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle of acceptable forms of payment under rule 6512.

(c)  Rates for recovery, which includes waiting time, associated with a nonconsensual tow.

(I)  Except as provided in  § 42-4-1809(2)(a) regarding abandoned motor vehicles, this paragraph shall apply to the recovery of any size vehicle.

(II)  When accompanied by documentation showing starting and ending times of the recovery, which documentation may include law enforcement incident reports and verification, a towing carrier may charge for recovery at its hourly rates, a record of which is maintained in compliance with rule 6005.

(III)  Hourly rates for recovery may include time to load and to secure recovery equipment and the cleanup of the scene and post-towing maintenance of recovery equipment directly attributable to the recovery. If the recovery vehicle is also the towing vehicle, then the rates and charges provided in paragraph (d) shall not be charged in addition to the hourly rate.

(IV)  The cost of additional equipment used may be recovered from the motor vehicle owner at the towing carrier’s actual costs incurred plus a reasonable administrative fee of not more than twenty-five percent of those actual costs, provided that the actual costs are reasonable by industry standards.

(d)  Rates and charges for nonconsensual tows. Subject to the provisions of this paragraph, the maximum rate that a towing carrier may charge for a nonconsensual tow of a motor vehicle with a GVWR of less than 10,000 pounds performed upon the authorization of the property owner is $160.00. Except as provided in paragraphs (b), (c), (e), (f), (g), and (h) of this rule, this maximum rate shall include, but not be limited to, charges for the following:

(I)  all towing services rendered;

(II)  hookup;

(III)  use of dollies or go-jacks;

(IV)  access to or release of the motor vehicle from storage;

(V)  except for an abandoned motor vehicle, removal of personal property that is not attached to or a part of the equipment of the motor vehicle;

(VI)  all commissions paid; and

(VII)  all other services rendered in performing such nonconsensual tow.

(e)  The maximum rates for a nonconsensual tow from storage directed by a law enforcement officer who is performing an accident reconstruction or stolen vehicle investigation are as follows:

(I)  $91.00 for one additional hookup;

(II)  $91.00 per hour waiting time; and

(III)  mileage charges as provided in paragraph (f).

(f)  Mileage.

(I)  The maximum mileage charge that may be assessed for a non-consensual tow of a motor vehicle with a GVWR of less than 10,000 pounds is $3.80 per laden mile. For purposes of this paragraph, laden mile means a mile when the towed motor vehicle is being transported.

(II)  Fuel surcharge. The maximum mileage charge shall be adjusted monthly by the Public Utilities Commission by setting a fuel surcharge. The surcharge shall be based on the United States Department of Energy “weekly retail on-highway diesel prices”  for the Rocky Mountain region using the price per gallon of $2.60 as the base rate. The adjustment shall provide a one-percent increase in the mileage rate for every ten-cent increase in fuel cost, or a one-percent decrease in the mileage rate for every ten-cent decrease in fuel cost, but in no event decreasing below the base rate.

(III)    The maximum mileage that may be charged for a nonconsensual tow for a motor vehicle with a GVWR of less than 10,000 pounds is 12 miles for tows within the Front Range, and 16.5 miles for Non-Front Range tows. For purposes of this paragraph, “Front Range”  is defined as that area within ten miles of either side of U.S. Interstate Highway 25. “ Non-Front Range”  is defined as mountain areas and eastern plains communities which lie farther than ten miles from U.S. Interstate Highway 25, as well as the area known as the ” Western Slope.”

(g)  Storage for nonconsensual tows.

(I)  Generally.

(A)  Storage charges shall not exceed the following rates based on a 24-hour period or any portion of a 24-hour period, or for any portion of a calendar day after the first 48 hours:

(i)  $30.00 for motor vehicles having a GVWR of less than 10,000 pounds;
(ii)  $37.00 for motor vehicles having a GVWR of 10,000 pounds or more; or

(iii)  in lieu of subparagraphs (A)(i) and (ii), and at the option of the towing carrier, storage may be charged according to the motor vehicle’s length, including the tongue of a trailer, at $1.50 per foot or portion thereof.

(B)  Storage charges shall not be charged, collected, or retained for any day in which garage keeper’s liability insurance coverage is not kept in force.

(II)  Storage charges for a nonconsensual tow may commence upon placing the motor vehicle in storage.

(III)  Maximum accumulated charges for abandoned motor vehicles. Unless a hold order has been placed on the motor vehicle by a court, district attorney, or law enforcement agency, or unless extenuating circumstances have prevented a towing carrier from complying with the notice requirements of  § 42-4-2103, C.R.S., storage charges after the tow and storage of an abandoned motor vehicle subject to part 21 of title 42, C.R.S. shall not be accumulated beyond 120 days after the mailing date of the report required by  § 42-4-2103(4), C.R.S.

(h)  For a nonconsensual tow, the maximum additional charge for release of a motor vehicle from storage or access to a motor vehicle in storage at any time other than normal business hours as defined in paragraph 6501(g) is $66.00.

(i)  Abandoned motor vehicles.

(I)  Notifications. The charges for notification(s) to the owner and the lien holder(s) of the motor vehicle held in storage shall be in accordance with  § § 42-4-1804(6)(a) and 42-4-2103(3)(c)(I), C.R.S., and the rules of the Colorado Department of Revenue.

(II)  Consequences of failure to notify. A towing carrier holding a motor vehicle in storage who cannot demonstrate that it has made a good faith effort, as set forth in  § § 42-4-1804(6)(b) and 42-4-2103(3)(c)(II), C.R.S., to comply with the notification requirements of Parts 18 and 21 of Article 4 of Title 42, C.R.S., and  § 42-5-109, C.R.S., shall not charge, collect, or retain storage fees.

(III)  Sale of an abandoned motor vehicle to cover the outstanding towing and storage charges must be done in accordance with the notice and procedural requirements of Parts 18 and 21 of Article 4 of Title 42, C.R.S., and  § 42-5-109, C.R.S.

(IV)  Additional costs that may be charged when a stored motor vehicle is sold.

(A)  When a stored motor vehicle is sold, a towing carrier may charge the costs of maintaining that motor vehicle while in storage in accordance with  § 38-20-109, C.R.S.

(B)  When a stored motor vehicle that does not come within the provisions of  § 38-20-109, C.R.S., is sold, a towing carrier may charge the costs of maintaining that motor vehicle, to a maximum of $90.00.

(C)  “Cost of maintaining a motor vehicle” means a documented cost that is incurred by the towing carrier and that keeps a motor vehicle in safe or operable condition.

(D)  Certified VIN verification procedure. When an abandoned motor vehicle that is less than five model years old and that the Colorado Department of Revenue cannot find in its records must be sold, the maximum rates that may be charged for a certified vehicle identification number (VIN) verification are as follows:

(i)  Rates as provided in paragraph (e); and

(ii)  In addition, the towing carrier may charge for all other documented expenses of obtaining the VIN verification.

6512.  Release of Motor Vehicle.

(a)  The towing carrier shall immediately accept payment of the drop charge, towing, storage, and release charges if payment is offered in cash or valid major credit card. The towing carrier may accept other forms of payment, but beginning September 1, 2012 must accept payment by both MasterCard and Visa. The towing carrier shall release the motor vehicle to:

(I)  the motor vehicle owner, authorized operator, or authorized agent of the owner of the motor vehicle;

(II)  the lienholder or agent of the lienholder of the motor vehicle; or

(III)  the insurance company or agent of the insurance company providing coverage on the motor vehicle, if released to the insurance company by the owner.

(b)  Unless the release of the motor vehicle does not comply with the release procedures agreed to between the towing carrier and the applicable law enforcement agency, a towing carrier that accepts for storage a motor vehicle that has been towed as a nonconsensual tow upon the authorization of the property owner shall be available to provide access to or release of the motor vehicle as provided in paragraph (a) to the owner, authorized operator, or authorized agent of the owner of the motor vehicle either:

(I)  with one hour’s notice during all times other than normal business hours that occur within the first 24 hours of storage; or

(II)  upon demand during normal business hours.

(c)  Failure to notify. A towing carrier holding a motor vehicle in storage who cannot demonstrate that it has made a good faith effort, as set forth in  § § 42-4-1804(6)(b) and 42-4-2103(3)(c)(II), C.R.S., to comply with the notification requirements of Parts 18 and 21 of Article 4 of Title 42, C.R.S., and  § 42-5-109, C.R.S., shall release the motor vehicle to the owner, lien holder, or their agents.

(d)  The towing carrier, at its discretion, need not comply with paragraph (a) or (c) if:

(I)  the towing carrier is reasonably certain that, at the time the motor vehicle is to be released from storage, the driver of the motor vehicle is not capable of safely driving the motor vehicle due to the influence of drugs or alcohol;

(II)  the towing carrier that is to remove the motor vehicle from storage does not have a valid towing carrier permit or proof of motor vehicle liability coverage;

(III)  a hold order is in place on the motor vehicle by a court, district attorney, law enforcement agency, or law enforcement officer;

(IV)  the release of the motor vehicle does not comply with the release procedures agreed to between the towing carrier and the applicable law enforcement agency; or

(V)  the towing carrier, upon notification for the release of or access to a motor vehicle at other than normal business hours, has immediately contacted an appropriate law enforcement agency and, in the interest of public order, has requested a law enforcement officer’s presence during the release of the motor vehicle. This exception is applicable when the towing carrier has reason to believe that the motor vehicle’s owner, authorized operator, or authorized agent of the owner of the motor vehicle may disrupt the public order.

(e)  The towing carrier may require either written or oral notification from the owner or lienholder of a motor vehicle that the person to whom it is to be released is authorized to take possession of the motor vehicle.

(f)  A towing carrier shall not refuse to relinquish prescription medicines, medical equipment, medical devices, or any child restraint system, under any circumstances. The towing carrier shall immediately relinquish such items upon demand, without requiring payment and without additional charge.

6513.  [Reserved].

6514.  Towing Violations and Civil Penalty Assessments.

(a)  A violation of any of the following provisions may result in the assessment of a civil penalty of up to $1,100.00 for each violation:

(I)   § 40-10.1-401(1)(a), C.R.S. or rule 6502 ;

(II)  subparagraph (b)(I) , (II)(B) ,or (II)(D) of rule 6508 ; or

(III)  paragraph (c) of rule 6508.

(b)  A violation of paragraph (d), (e), ( g), or subparagraphs (b)(I) or (g)(I)(A) of rule 6511 may result in the assessment of a civil penalty as follows for each violation:

(I)  up to $275.00 for an overcharge $25.00 or less;

(II)  up to $550.00 for an overcharge greater than $25.00 but less than or equal to $50.00; and

(III)  up to $1,100.00 for an overcharge greater than $50.00.

(c)  A violation of any of the following provisions may result in the assessment of a civil penalty of up to $550.00 for each violation:

(I)  paragraph (a), (b), or (c) of rule 6507; or

(II)  paragraph (a) of rule 6510.

(d)  A violation of rule 6506 may result in the assessment of a civil penalty of up to $100.00 for each violation.

(e)  Except as provided in paragraph (a), (b), (c), and (d) of this rule, a violation of any provision of Title 40, C.R.S., pertaining to towing carriers, or any provision of rules 6500 through 6513, may result in the assessment of a civil penalty of up to $275.00 for each violation.

6515 – 6599. [Reserved].

10 Responses to Current Regulations