The Law Governing Towing in Alabama
The majority of municipalities in Alabama have local ordinances that detail the parking, trespassing and trespass towing laws pertinent to towing companies and private property owners. These ordinances contain general towing requirements along with registration and record-keeping requirements that each tow truck driver and towing company should know about. It is important to note that municipalities have their own specific ordinances governing towing regulations, as such the local ordinances should be reviewed before calling a tow truck to move a vehicle on private property. In addition to local ordinances, Alabama state law governs residential and commercial property owners and the towing of vehicles from real property not owned by the towing company. Under Alabama law, the prohibition of towing is specified as the accumulation of unpaid or overdue rates, which may not be included in the balance due for towing until after the property owner has sent a letter notifying the owner of the rate and charge due. This entire process is explained further below in the "Notices Required for Towing" section of this article. Private-property owners can legally tow vehicles parked on their property when the vehicle is trespassing on private property. Though Alabama law does provide exemptions or limiting conditions to the towing of vehicles parked on private property, those conditions apply only if the property owner posts the applicable towing notices. The most important part of the law applies to the specific term "private property", which must be defined by fire lane , no trespassing, no parking or similar terms and the property must be adequately gated or fenced to prevent the passage of unauthorized persons and powered by a walk through, controlled gate that is locked unless attended by an attendant or not locked but monitored 24 hours a day by closed-circuit TV or security personnel. The local ordinances and state law also provide numerous requirements for notification and publication of the written delegation of authority to remove vehicles from private property. In addition, the published notice must include the name of the delinquent business office, office hours and telephone number, and the telephone number and address of the local law enforcement agency; the publication requirements also include regular and ethnic newspapers in circulation in that municipality. There are also notice requirements for individuals who have had their vehicle impounded or towed, including that they must receive notice within two business days of such an event. The owner or operator of an impounded or towed vehicle may respond to said notice by also providing the written delegation of authority from the property owner to the towing company along with a written request for a copy of the photographic legible records of the vehicle, the parking lot, the entrance and the exit, as well as the written towing report signed and dated by a licensed owner, manager or employee of the towing company. Failure of the property owner or operator of the vehicle to comply with these requirements may constitute a civil offense.
Where and When Towing is Allowed
There are several categories of situations in which a vehicle may be towed. One category of "when" a vehicle may be towed is private property towing. Private property towing is addressed in the Alabama Code at 32-8-66. Subsections (a)-(h) of the statute specify specific requirements that must take place for a vehicle to be towed from private property. Although the general rule is that an owner or operator of a vehicle parked on private property without the consent of the property owner may be towed without additional notice, it is important to be careful that the required signage is posted and that all other requirements of the statute are followed. If the property owner has not properly posted the property for towing under the statute, the parking infraction does not permit the vehicle to be towed.
The second category of "when" tows take place relate to public street towing. The Alabama Vehicle Code set forth in Title 32 commonly referred to as the "Code" address various scenarios in which private and public property can be towed. For example, The Code provides that a vehicle may be towed due to illegal parking (32-5-170), being on a bridge (32-5-171), removed after accident (32-5-174), after vehicle theft recovery (32-8-88), in danger of causing an accident (32-5-214), after disabled/failure of brakes (32-5-215), or after damages occurred (32-5-287). All states have statutes regarding when vehicles can be towed from public streets. Actually, Alabama has one of the more flexible statutes allowing for towing for the purposes listed above. Many states do not go as far as Alabama does with regards to public street towing.
The third common category of "when" a vehicle may be towed is when it is done in emergency situations. Although there is not an all encompassing rule pertaining to emergency tows, pursuant to 32-5A-86 the public is warned by law enforcement officers prior to the tow. Emergency companies are also required to post certain information relating to emergency tows pursuant to 32-5A-87.
Rights of Vehicle Owners
When it comes to the towing process, vehicle owners should be fully aware of their rights and responsibilities. Tow trucks must notify vehicle owners when their vehicles are towed, as outlined in the Alabama Code: In most cities and counties in Alabama, insurance companies have likely contracted with municipal or county governments to provide non-consent towing services. In such cases, a tow truck business may be able to know your vehicle has been towed before you do. This is part of the reason notifications can be delayed. Additionally, some non-consent towing business may ignore the notification requirements entirely. Such practices can be questioned by the Alabama state legislature because individuals have the right to contest and obtain a release for their registered vehicle without having to pay prior to a trial.
Responsibilities of Wrecker Companies
The Alabama law is quite clear that there are certain requirements attached to the actions of the towing company. First, there are requirements that the towing company must obtain a license or permit in order to engage in the business of abusive towing overseen by the Alabama Public Service Commission.
The law defines abusive towing as:
- (1) The towing or removal of a vehicle in a manner, or under circumstances, not provided for by the Alabama Code Title 32, or any municipality or other political subdivision of this state.
- (2) The offering, encouraging, or engaging in the practice of, in any manner, soliciting or attempting to solicit, directly or indirectly, persons who have been involved in motor vehicle accidents to be provided with, or driven to, services including, but not limited to, those offered by a tow truck operator or tow broker.
- (3) Any of the following acts which are done after a vehicle is towed or removed from private property without the express consent of a vehicle owner, unless the vehicle owner places his or her vehicle in a position that makes it impossible or impractical for the owner or a lawfully authorized person to remove the vehicle under normal traffic circumstances or until the vehicle is removed and stored at a secured facility:
a. Requiring payment or placing conditions on the release of the vehicle from the storage facility that exceed the maximum fees for the storage of a vehicle as established by applicable law or regulation;
b. Requiring the vehicle owner or the owner’s agent, as a condition to the release of the vehicle, to pay accrued storage fees in advance for time beyond the current calendar day; or
c. Refusing to release the vehicle until placement of property and/or security interest in the vehicle and/or identification of the owner and/or secured creditor of the vehicle is waived and/or releases are obtained.
The basic premise of the sections above are that the towing company must have a permit or license issued by the Alabama Public Service Commission. No different from any other type of license that an Alabama citizen must possess to do business here, the Public Service Commission shall revocation any license issued to a towing company that has been convicted more than once within 5 years of one or more of the following offenses:
1. Alabama Code, Title 32, Article 7B, the Abusive Towing Prevention Act;
2 . The Alabama Code Title 32, Chapter 1, regarding wrecker services, or in any similar law or regulation of the State of Alabama or of any municipal corporation or county; or
3. Conviction of the owner of such towing company or that of any employees thereof of a violation of a substantially similar statute or law of any other state or Federal law.
The law also requires that a sign be placed in plain view, with specific instructions on how to obtain your towed vehicle including all the fees associated with them. The Alabama law also includes provisions that address the time frame in which a company must provide notification to the State or Law Enforcement Agency if your car is towed, within 48 hours of the time of impoundment, or prior to the end of the day of impoundment, if impoundment is on the same day. For weekends and holidays, notification must be provided by the end of the next regular business day.
It also provides specific timelines of when the fees must be made available to the person whose car is towed, along with full information on the rates being charged for the towing and storage, shall be made available upon request when the vehicle owner or the owner’s legal representative contacts the tow truck driver in the field and at the facility where the vehicle is stored.
As if those things were not enough, every wrecker or towing company must provide to the public information regarding fees, so consumers can easily understand what they are paying for when they are retrieving their vehicle. Each wrecker service operating within any of the municipalities or counties of this state shall prepare and make available to the Alabama Public Service Commission upon request a simple, readable statement of the rates and charges for services including, but not limited to, short distance towing, long distance towing, vehicle storage, and other charges. Each wrecker service shall have printed copies of this statement available in its offices and at such facilities where the wrecker service provides contracted services with a municipality or county or at events with a significant public presence. Any person who requests a copy of this statement shall be provided with one upon request.
However, even though the law is very clear on the obligations that a towing company must comply with, in my experience, these notices are rarely seen. I encourage everyone to drive around and look for these signs. If the company cannot provide you with information about their fees upon request, you should seek legal advice.
Challenging a Tow in Alabama
If you believe that your vehicle was towed in error, you have the right to challenge the towing, but the right is relatively narrow. "A mere refusal to move a vehicle from private property cannot trigger the protections of the statute. The fact that the contract for services of a towing company is private is inconsequential; what is necessary is that there be a contract for the removal of vehicles that are wrongfully parked." The statute provides a claim where the vehicle was illegally parked on private property, but only if you paid for the removal of the vehicle and the towing company later refuses to return the vehicle. The owner of the vehicle bears the burden of proof of demonstrating that it was wrongfully towed. You can seek recovery for economic loss (wages lost due to missing work, e.g.), but not for physical injury. If the property owner had a right to require the removal of the vehicle without violating the rights of the owner, then the property owner can recover reasonable costs incurred in the removal and storage of the vehicle, as set forth by applicable law or contract. Even if the vehicle owner prevails against the towing company, the towing company is not liable when the action is initiated by the primary landowner. "Nothing in the statute prevents [a] landlord from enforcing its rights under the lease when those rights do not violate the statute." The statute permits a lessor of real property to remove a vehicle without liability when the vehicle is parked in a location on the property which has been clearly identified as prohibited and the lessee remains in possession of the vehicle.
Recent Developments and Changes in the Law
In the Alabama Uniform Vehicle Code, a vehicle is defined as "Every device upon or by which any person or property is or may be transported or drawn upon a highway." What many people don’t know is that Alabama has had towing laws for cars and trucks for decades. No wonder they are so confusing.
Concerning vehicles parked in places that block an ADA accessible parking spot, 2014’s Act 2014-116 added a definition of a vehicle as "Any mode of transport, motorized or nonmotorized, with wheels or tracks or designed to be towed or pushed by another vehicle and used for transporting persons or property."
Any time you are moving a vehicle without the owner present you should get permission from the owner or have a legal representative (police officer, insurance agent, etc.) get permission on your behalf. Vehicles can be moved in some unusual circumstances. For instance, if another car blocks your driveway and it is inside a posted no parking zone you may call the police to request the vehicle be moved. You should, however, keep in mind that you could be liable for any damages caused to the car that was blocking you in.
Another exciting change in Alabama towing laws took place in 2015 when Governor Bentley signed Act 2015-174. Better known as the "Citizens’ Right to Tow" act , under it, every county and municipality is now required to implement a competitive bid process for all towing permits. No longer can a local government simply recognize a company with low rates and give them permits. Any reputable towing company will agree that weeding out untrustworthy companies will ultimately help everyone.
This bill requires 100% compliance from all individuals and organizations. It also asks that any tap fees for local communications company to include CCTV be put in the right of the way depending on the county or municipality.
If a company has been in business for at least a decade, cannot be brought to court for a violation, or has not done a "bait and switch" type of tow, they will be grandfathered in under the 2015-174 Act. Also, while a city is limited to issuing no less than 5 and no more than 10 permits, a county can issue as many as they need.
Another big reason why this law was drafted and passed is that tow truck operators will now have to get training. There is a lot of danger in driving a tow truck and in some cases that would mean that employees would have to pass certification requirements. Other changes in the bill include:
