DelawareHB 67 w/ HA 2153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE REMOVAL OF MOTOR VEHICLES FROM PRIVATE OR PUBLIC PROPERTY BY PRIVATE TOW COMPANIES.

Sponsored By: Edward S. Osienski (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Caps on towing and storage charges

Fees must be reasonable. A fee is excessive if it is over 25% above the company’s usual consent tow rate or over 50% above the county’s usual non-consent rate. For non-commercial and rental vehicles, the tow fee is capped at $250 and storage at $50 per day, with no extra towing-related add-ons. If you return before the car leaves the lot, the tow must stop; if it was not yet attached, you pay $0. A drop fee cannot exceed 50% of the tow fee, and if you call before storage and pick up within 24 hours, you owe no storage or extra fees.

Easier access and payment at tow lots

Storage lots must have an office open to the public 8 a.m. to 6 p.m., at least five days a week. They must accept major credit and debit cards or have an on-site ATM with reasonable fees, and post a payment notice. You may get your personal items for free during normal hours with ID. After-hours steps must be posted on the building, website, and phone; the after-hours access fee is capped at $50. If you follow the posted steps during 8 a.m.–6 p.m. and cannot get access within 90 minutes, you owe no storage or after-hours fees for that day’s portion.

Notice before a storage lien is filed

No one may place a storage lien for an unpaid non-consensual tow unless they mail a certified notice within 30 days. The notice must itemize all charges and say a lien may be asserted if you do not retrieve the car and pay within 60 days. The notice must also go to any lessor and recorded lienholder, if applicable.

Stronger remedies and bans on predatory towing

If your car was towed in violation of this law, you can recover all fees you paid and actual damages. Tow companies and storage facilities are jointly responsible, and you get attorney fees if you offered to settle at least 10 business days before suing and they rejected or did not respond within 10 business days. Any violation of these towing rules is an unlawful consumer practice. Owners and managers cannot tell staff to break the rules. Tow companies cannot pay people for tips about which cars to tow.

Signs, photos, and permission before towing

The law requires a written contract with the property owner or government before any non-consensual tow. For private lots open to the public, the tow company must get written permission as required and photograph the car. Signs must be posted at entrances with letters at least 1 inch, and each truck door must show the company name and phone in 3-inch letters. Tow companies must keep photos and records for 2 years and give them to you for free. They cannot patrol or surveil lots to find cars to tow unless they have a contract and follow these rules.

Which non-consensual tows are covered

This law covers non-consensual towing of motor vehicles that weigh 5,000 pounds or less from private or public parking areas. It does not cover police-ordered tows, towing of abandoned vehicles, or certain tows by city, county, or State agencies. These rules set who is protected and when they apply.

Sponsors & Cosponsors

Sponsor

Edward S. Osienski
Democratic • House

Cosponsors

Frank Burns
Democratic • House
Franklin D. Cooke
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kendra Johnson
Democratic • House
Kimberly Williams
Democratic • House
Larry Lambert
Democratic • House
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Eric Morrison
Democratic • House
Josue O Ortega
Democratic • House
Brian Pettyjohn
Republican • Senate
Marie Pinkney
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
David P. Sokola
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 44 • No: 14

Senate vote • 6/25/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 3/27/2025