The new statutory requirements incorporated by House Bill 24-1051 became effective on August 7, 2024. Please see the following summary of the changes made by this legislation, as well as this review/discussion. Also, please see the new authorization form, which must now be used for nonconsensual tows from private property.
Pursuant to 23R-0085TO, the new/updated towing rules are effective on April 30, 2024. Please see the new rules available here.
For Consumers
The PUC regulates towing companies in Colorado to protect consumers. There are different types of tows, including consensual, nonconsensual, and law enforcement-ordered tows. In 2022, legislation was passed to strengthen consumer rights for nonconsensual tows, most prominently those originating from residential private property. If your vehicle is towed without consent, it is important to know your rights.
Consumers are protected from predatory or illegal towing practices under Colorado law. Each year, the PUC investigates more than a thousand towing-related complaints. Most of the cases involve nonconsensual tows.
The Consumer Affairs Unit handles complaints as they come into the PUC. Some complaints can be resolved at this step. Others are transferred to the PUC’s Transportation Investigations and Compliance Unit (Investigations) to conduct a more in depth understanding of the complaint.
From November 2021 through November 2023, the PUC secured 389 refunds for consumers, totaling $221,267.07.
- Once a complaint is filed, Consumer Affairs will review all information and will typically reach out to the towing carrier. They may request additional information or seek additional interviews. Based on evidence, they can decide to dismiss, resolve, or forward the complaint to the Transportation Investigations Unit for additional research. Consumer Affairs can also request that the complainant receive a refund from the tow company, if the tow is found to have been improperly conducted.
- If a complaint is transferred to the PUC Investigation Team, an investigator is assigned to review all materials collected to date. The investigator may conduct field research or ask for additional documents or interviews. Once research is concluded, the investigator determines whether or not a violation occurred.
- If a determination is made that a violation has occurred, and prior to any enforcement action, the towing carrier may be asked to release a vehicle at no charge or refund any funds that have already been paid by the vehicle owner/operator. Enforcement action against a towing carrier may include the issuance of a Violation Warning letter or a Civil Penalty Assessment Notice (CPAN), which includes monetary penalties. More severe cases may also result in filed criminal charges.
- Certain cases, including in circumstances when a towing carrier disputes a penalty, can be referred to an Administrative Law Judge (ALJ).
Consumer Rights and Industry Requirements
| Nonconsensual tow from a RESIDENTIAL private property | Nonconsensual tow from a COMMERCIAL private property |
| Owners must be given 24-hour notice before a tow and place a notice on the vehicle’s windshield with relevant information. – THERE ARE EXCEPTIONS – see below ***24-hr notice is NOT required in an area requiring parking permits. | 24-Hour notice not required. |
| Owners can obtain their vehicle with a Retrieval with Payment Owed form, which is an agreement with the towing carrier that by paying 15% of the total balance owed, NOT exceeding $60, the vehicle will be released. | N/A |
| Towing carriers can’t authorize tows on behalf of a private property owner | Towing carrier may authorize tows on behalf of a private property owner |
| Vehicles can’t be towed because of an expired registration or license plate – unless directed by law enforcement | Vehicles may be towed for expired registration or license plates. |
| Towing carriers can’t charge a “drop fee” to release the vehicle back to the vehicle owner/operator, before it is removed from the private property. | A “drop fee” may be charged for releasing a vehicle before it is removed from the private property |
| Towing carriers are required to take photos of the vehicles before they are towed, which includes taking a picture of the reason why the vehicle is being towed. | Towing carriers are not required to take photos of vehicles before they are towed. |
| Tow invoices released to the vehicle owner/operator must show specific tow charges and rates. | Tow invoices released to the vehicle owner/operator must show specific tow charges and rates. |
| Storage must be prorated on an hourly basis, and only the first 24 hours of storage may be charged until statutory notification is completed. | Storage must be prorated on an hourly basis, and only the first 24 hours of storage may be charged until statutory notification is completed. Storage may be charged at a daily rate after this initial period |
| Towing carriers must release personal property, within 30 days of statutory notification, at no charge. | Towing carriers may assess the “hook fee” for the release of personal property |
| Visible signage must be posted at all entrances to a private property. | Visible signage must be posted at all entrances to a private property. |
| Exceptions to the 24-hour notice for nonconsensual tows from private property include: blocking a driveway/roadway, improperly parking in a handicapped space, parking in a fire zone, improperly parking in someone’s designated space, improperly parking in a “permit only” area, and continuing to park inappropriately after previous warnings. | |
Towed Vehicle Release Form: (needed to retrieve vehicle)
This form is necessary to retrieve a vehicle towed nonconsensually from a residential private property by paying 15 percent of the total balance owed, NOT to exceed $60. It is recommended that vehicle owners/operators bring this form from the PUC’s website with them, when they go to get their vehicle released from a towing carrier. Vehicle owners/operators sign the form, which indicates they will pay the remaining balance due to the towing carrier, in exchange for them releasing the vehicle without full payment. A copy may also be available at the towing carrier’s office.
Vehicle Release Form for Authorized Operators:
This form is also necessary to have when retrieving a vehicle from a towing carrier, as it indicates the owner/operator of the vehicle has provided all documentation proving a connection to the vehicle, which includes vehicle registration, proof of insurance, VIN number, keys, and location of where the vehicle was towed.
File A Comment or Complaint (with link)
New Towing Legislation (with link)
Regulations:
Title 40, Article 10.1, C.R.S. governs the Commission's role in the regulation of Towing Carriers. Towing Carriers are subject to permit, rate, insurance, and bonding requirements. To view the regulations, please click here.
To begin the process of filing a complaint, the first step is to contact the Colorado Public Utilities Commission’s Consumer Affairs Unit.
Use our simple online form to submit your complaint directly to the PUC: Towing complaint form: http://www.dora.state.co.us/pls/real/CCTS_oWEB.trans_complaint_form
Contact Consumer Affairs at: (303) 894-2070 or email Consumer Affairs at: dora_puc_complaints@state.co.us