IdahoH 01742025 regular legislative sessionHouseWALLET

MOTOR VEHICLE TOWING – Amends, repeals, and adds to existing law to establish provisions regarding motor vehicle towing.

Sponsored By: TRANSPORTATION AND DEFENSE COMMITTEE

Signed by Governor

MOTOR VEHICLE TOWING

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 2 benefits, 1 costs, 9 mixed.

Tow customers get public rates and bills

For police-directed tows, companies must submit rate sheets to the state for public access and post them at their businesses. Consumers can request those rates; fees cannot depend on vehicle value, and charges above listed rates are excessive. Companies must use an owner’s reasonable requested destination, or their nearest safe storage location without a request. An agent requesting a destination needs power of attorney. An improper destination, unlawful refusal to release, or repairs without signed or recorded verbal consent limits recovery to the scheduled tow fee. At release, customers must receive an itemized statement identifying the company, vehicle, tow locations, individual charges, and daily storage rate and days.

Vehicle owners get storage charge limits

Storage cannot exceed 60 days from the tow date. Storage charges can start on that date only if the company reports the tow within 1 business day. Weekends and holidays do not count toward that reporting deadline. With a late report, storage charges cannot start until the report is filed. Beginning January 1, 2026, the general personal-property services lien under Idaho Code section 45-805 does not cover vehicles subject to this towing law.

Owners face abandoned vehicle costs

The law bans abandoning vehicles on highways or on public or private property without the property controller’s consent. The last registered owner is presumed responsible for abandonment and removal, storage, and disposal costs, minus disposal proceeds. A transferee named on a filed release of liability takes that responsibility instead. Owners of vehicles removed under the law are also presumed responsible for those costs. For abandoned vehicles or those found in extraordinary circumstances, an officer-directed removal left unclaimed for 7 days triggers a traffic infraction.

Drivers can stop some tows early

At an owner’s or authorized agent’s request, companies must release vehicles not yet attached to a truck or otherwise in tow. This right excludes investigation tows and vehicles suspected of being stolen. The company can charge customary, reasonable one-way mileage from its storage location plus its usual operator fee. Once a vehicle is attached or in tow, the scheduled tow fee can apply. If the allowed fee is not paid, the operator can finish the tow.

Owners get tow disputes and hearings

For tows or storage under sections 49-1804 or 49-1805, owners or agents must be offered an independent, qualified hearing officer. Written requests go to the transportation department within 10 calendar days after initial notice; hearings occur within 48 hours, excluding weekends and holidays. The agency pays towing and storage costs if it cannot show reasonable cause. Not requesting or attending a hearing satisfies the agency’s hearing duty; posted-property removals under section 49-1806 are excluded. Separately, legal or registered owners can dispute fees, claims, or disposal through a Declaration of Opposition received within 20 calendar days after first notice. They then have 10 calendar days to start a court case, which pauses disposal while pending. The owner can owe court costs if the lienholder wins.

Owners get vehicle and belongings access

Before disposal, owners or lienholders can reclaim towed or booted vehicles by proving ownership and paying lawful towing, storage, or booting costs. That right excludes vehicles held for investigation or suspected of being stolen; unauthorized removal without full payment is a misdemeanor. Insurers can take total-loss vehicles before settlement with the owner’s verbal consent after paying lawful towing and storage costs. Without a settlement, insurers must return the vehicle to a location agreed with the owner. Except during law-enforcement investigations, owners, agents with valid power of attorney, and insurance representatives get free inspections during reasonable business hours. Personal belongings carry no lien and must be returned free on request to the owner or qualifying agent during reasonable business hours. A lienholder’s right to bring a claim against an abandoned vehicle’s owner remains intact.

Police tows get statewide notice rules

Officers can send vehicles directly to a tow company after accidents, driver arrests, or other extraordinary circumstances. For other abandoned roadside vehicles, officers must post a visible warning 48 hours before towing. They must try contacting owners with current plates and registration in state records, but failed contact does not stop removal. Law enforcement must record covered tow details and report the tow in the state public safety system. Tow authorization cannot pass to private groups; the at-tow notice form requirement excludes private-property removals under section 49-1806.

Private property towing gets clearer limits

Property controllers can arrange towing or booting of unauthorized vehicles at the vehicle owner’s expense. Conspicuous signs must warn of towing or booting and name the towing firm. Without signs, abandoned vehicles can be removed from noncommercial property with a signed release identifying the property and vehicle. The person signing must accept responsibility for removal. Expired or improper registration alone does not justify treating a vehicle as unauthorized.

Stolen vehicle owners get recovery notices

For reported stolen vehicles sent to an authorized impound yard, agencies must try contacting owners within 48 hours. Weekends and holidays do not count toward that deadline. Certified-mail notice is required if contact fails or the owner or insurer takes no action within 7 days after contact. Vehicles unclaimed for 30 days after notice enter the abandoned-vehicle process. Qualifying storage time during a stolen-vehicle investigation can count toward the abandoned-vehicle storage period.

Unclaimed vehicles face notice and title deadlines

Tow companies must report covered tows in the state portal within 1 business day, excluding weekends and holidays. The state provides available title and insurance information and notifies owners and lienholders about charges, vehicle location, and recovery and dispute rights. Electronic subscribers get notice within 1 business day, followed by mail after 5 and 15 business days if unclaimed. Others get mail within 1 business day and another notice after 10 business days if unclaimed. After 30 days from first notice, companies must apply for a title or junk certificate once the opposition period has elapsed or no opposition was received; any tow hearing must favor the agency. The state must issue the document free of liens after 30 days when required notices and application steps are complete. Disposal requires a title or junk certificate, and a pending opposition court case pauses disposal.

Tow operators face statewide approval rules

Idaho State Police must maintain an authorized tow list and can review state and federal criminal histories. Applying tow firm owners, drivers, and operators must provide required information and fingerprints, paying fingerprinting and processing costs. Local agencies with tow lists must publish their standards for adding and removing companies. State and local authorities cannot adopt or enforce rules that conflict with the statewide towing law.

Court fees fund abandoned vehicle payments

District-court fees under Idaho Code section 31-3201F fund an Abandoned Vehicle Trust Account. The transportation department has ongoing authority to use that money for allowable claims and administration. For each qualifying court fee, monthly distributions send $75 to the agency directing the tow and $75 to the towing company. Entering tow information in the state portal also requires a fee under section 49-202(2)(g). The supplied provisions do not state that portal fee’s amount or who pays it.

Sponsors & Cosponsors

Sponsor

TRANSPORTATION AND DEFENSE COMMITTEE
Affiliation unavailable

Cosponsors

Judy Boyle
Republican • House
Josh Keyser
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 167 • No: 3

House vote • 3/26/2025

House Floor Vote

Yes: 64 • No: 2

Senate vote • 3/25/2025

Senate Floor Vote

Yes: 35 • No: 0

House vote • 2/21/2025