The Basics of Idaho Towing Laws
Towing vehicles is a common day practice in the shipping and transportation industry. Companies depend on the towing to be timely, safe, and reliable. Truck owners and drivers also rely on the state laws to be fair and reliable. The likelihood of jurisdictions being aware of and enforcing the laws allows for a fair system where all parties can do business without issue. The trucking industry is one of the country’s most regulated industries and the Government takes any trucking violations seriously. Accidents and injuries happen but following this guide should help you navigate this important regulatory area.
Idaho law has a number of statutes regarding towing and repossession. Idaho Code sections 28-22-1009 et seq. contain Idaho’s repossession and towing laws. The Idaho Statutes have different sections that govern specific towing and repossession situations. Per Idaho statute, a repossession agent is a "person engaged in the business of repossessing motor vehicles." Idaho Code § 28-22-1008. A "motor vehicle" is defined as "any vehicle that is self-propelled or designed for self-propulsion, except for farm tractors; motorized lawnmowers; motorized wheelchairs or scooters; golf carts; inoperable or unlicensed vehicles; mopeds; or trailers." Idaho Code § 28-22-1007. A repossession agent is a person who engages in the business of repossessing cars that are owned by a third party (the owner) . The owner of a vehicle is someone with "legal title to a vehicle." Idaho Code § 28-22-1006. The person possessing the vehicle is the person who has lost possession of a vehicle in which the owner has an interest, whether by act of the owner or by operation of law. Idaho Code § 28-22-1005. The person who possesses the vehicle may also be the owner or a lienholder (a person with a legal interest in a vehicle that is secured by collateral). A lienholder is any "person with a security interest in a vehicle under chapter 9, title 28, Idaho Code." Continued Idaho Code § 28-22-1005. A creditor is a lender or anyone who extends credit and a credit transaction is any transaction that creates a debt or provides the consideration for a secured loan. Idaho Code. §§ 28-22-1003, 28-22-1004, 28-22-1006. If a creditor repossesses a vehicle, they must follow the requirements for repossession set forth in Idaho Code sections 28-22-1009 et seq. These sections also set forth the creditor’s duties after repossession has been completed. Depending on what happened to the vehicle, the creditor is required to either dispose of the vehicle or sell it at an auction. If the creditor is not sure what should happen to the vehicle, they should consult with a lawyer before making a decision. They should also keep track of their actions with the vehicle to ensure compliance with the requirements.
What Towing Without Owner Permission Means in Idaho
Understanding the nuances of when a vehicle may be towed without owner consent is crucial in assessing the reasonableness of a tow and the financial responsibility for a tow. The general public expects consent is required for a tow, and many drivers believe consents prevents them from liability when their vehicles are damaged in a tow. This simply isn’t so; while consent is not necessary for a tow, it generally limits liability for a property owner.
Idaho Law does provide that a property can remove a vehicle for the following reasons without consent:
One or more of these conditions must exist to allow a property owner to remove a vehicle and parking permission is not necessarily limited when a vehicle is parked in an area in which vehicles are routinely removed. If a vehicle is left unoccupied and parked in an area of a property that is not routinely open to public parking, or designed for such parking, it’s possible a property owner may remove without consent. A mall may have areas in which no parking signs are posted; could a mall remove a vehicle from an area the property owner knew the vehicle was left day in and day out? Further, could the mall take affirmative steps to prevent the vehicle from being moved until the police arrived because they said they are the only entity who can lawfully remove a vehicle on private property, even though the property owner may have a right at common law to remove without consent?
For those who receive a notice of removal from the owner of a business or property, Idaho Code section 49-1914 requires a written statement of reason identifying the basis for removal that shall specify the facts and circumstances upon which removal is based. Vehicles are often tray ticketed by tow companies, but this doesn’t seem to satisfy the statutory requirement that a business owner stating the reason for a removal provide a written statement to the owner when a property owner makes the affirmative decision to have a vehicle removed without consent.
Your Rights as an Idaho Vehicle Owner
The interaction between Idaho tow truck companies and the public is also regulated by the towing company contracts that the operator has. Standard contracts for Idaho towing companies are available for review from the Idaho Tow Truck Association. The contracts are on a take-it-or-leave it basis, which means that the person whose car has been towed can either accept the terms or has no choice but to go through with the process of recovering a car. It is possible that some terms of the contracts are negotiable, but this is not common and so far the dozens of requests we have passed along to Idaho Tow Truck Association members for them to reconsider terms have gone unanswered.
If the contract permits a fee for the time the car is in custody, the charge cannot exceed $20 per day. No fees can be charged for the day the car is towed and the following day. Any contract that tries to charge fees for more than three days of storage is illegal.
Sometimes our clients ask us why it takes so long for the car to reappear after the tow, as the car is already at the lot. This is because the companies are required to wait a period of time, at least 12 hours typically, to notify the owner that his or her car is in the company’s possession. Car owners often receive the notice within 24 hours, and are then able to pick up the car. This happens even if the owner never applied for the notice.
Idaho’s right to possessory lien permits the licensed tow company to retain possession of the car until the company is paid. If the owner refuses to pay, the company can seek to foreclose by filing a Foreclosure of Lien case in court. The car owner has a right of redemption during the foreclosure proceeding. In the foreclosure proceeding, the car owner can recover any fees above the $20 per day allowed, or any fee that was imposed for a reason that is not set out in the statute. The owner’s rights to recover extra fees ends when a judicial sale is held.
Towers’ Obligations under Idaho Law
Towing companies in Idaho are held to specific minimum standards when they are called out to a scene. From accident scenes, to parking lot and driveway removals, these companies are required to take public safety considerations into account and comply with all ordinances. Towing operators are also required to obtain specific licensing for their businesses as well as for individual operators. A few guidelines in effect from the Idaho Transportation Department (IDT) are: 9 Idaho Admin. Code § 404.03. Department Roster of Contractual Wrecker Services and 9 Idaho Admin. Code § 404.04. Control of Contractual Wrecker Service Companies.
What to Do If Your Vehicle is Towed in Idaho
When a vehicle is towed, the first step is determining where it has been taken. In the City of Coeur d’Alene, all vehicles towed pursuant to the regulations outlined in this article are taken to the Coot’s Towing and Transport Company located at 707 E Tenth St, Coeur d’Alene, ID, 83814. The Coot’s Towing company would be able to tell you if your vehicle is at their facility. If the vehicle was towed by an HOA, the exact location of the facility is typically provided in the HOA’s covenants or rules and regulations. If you still haven’t located your vehicle, contacting the local sheriff’s department for assistance in locating your vehicle is another option. Additionally, the vehicle owner should always be able to locate their vehicle by contacting the tow truck company that towed the vehicle.
The second step is retrieving the vehicle. For vehicles towed by towing companies, Idaho Code Section 12-117 provides that vehicle owners have a right to retrieve their vehicle upon payment of a "reasonable service fee" not to exceed the amount prescribed by any ordinance, regulation or order of the subdivision in which the emergency towing occurred, any charges provided in a written contract or agreement between the vehicle owner and the storage facility, and other reasonable expenses incurred by the towing company or storage facility not to exceed the amounts prescribed by such ordinance, regulation, order, contract or agreement . For example, if the City of Coeur d’Alene charges tow companies $75.00 to tow a vehicle, then a vehicle owner who finds their vehicle at Coot’s Towing and Transport can be charged $75.00 plus other reasonable expenses if the owner can’t pay the charges within the first twenty-four hours after the vehicle is towed. If no ordinance, regulation, order, contract or agreement applies, the vehicle owner is entitled to retrieve the vehicle upon payment of a fee to the towing company or storage facility that does not exceed the towing fee charged by the Idaho State Police when responding to requests for emergency towing services. The state fee is $65.00. The fees that a vehicle owner may be required to pay the towing company generally does not include the towing charges. This is because a vehicle owner has a right to retrieve their vehicle upon payment of the fees associated with the towing and storage of the vehicle, not the towing itself. As always, if you are unhappy with the fees charged by the towing company or lawn care service that towed your vehicle, it is important to speak with a lawyer.
Idaho Limits on Towing Fees & How to Pay Your Bill
The Idaho Administrative Rules for the Towing and Storage of Motor Vehicles, Boats and Trailers by Wrecker Services regulate the fees that may be charged in association with storage, towing, and other services related to a vehicle that has been towed pursuant to a State of Idaho Agency request from roads, highways, governmental roads, and private property. The Rules also include the provisions for payment of fees.
"06. Maximum Limit. The fees charged for towing shall not exceed the following maximum limit: (3-31-22)02. Towed During Daylight Hours. If the initial tow is requested between the hours of 7:00 a.m. and 8:00 p.m., the maximum fee for the following services is eight hundred forty dollars ($840).00). (3-31-22)03. Towed During Other Hours. If the initial tow is requested outside of the hours specified in Subsection 204.02, the maximum fee for the following services is nine hundred sixty dollars ($960).00). (3-31-22)04. Exception for Non-Pay, Disassociated, Inoperable and Abandoned Vehicles. In the case of a non-pay, disassociated, inoperable, and abandoned vehicle specified in Section 201, the maximum fee for the following services is three hundred dollars ($300).00). (3-31-22)05. Day Storage. A charge may be assessed for day storage in a facility not operated by the wrecker service. The charge may not exceed fifty dollars ($50).00) for each day’s storage after the first week of storage, or the wrecker service’s actual cost if it is less than the fifty dollars ($50).00) rate. (3-31-22)06. Night Storage. The maximum charge for night storage in a facility not operated by the wrecker service is fifteen dollars ($15).00) for each night’s storage. (3-31-22)07. Storage Fee Disqualification. No storage, handling, maintenance, repair, or accident impound fee will be charged, whether or not included in a daily rate, for a vehicle that is being held for more than thirty (30) ten (10) days, unless all civil and criminal matters pertinent to the vehicle are resolved. (3-31-22)"
Reporting Unlawful Idaho Towing Practices
If you believe your vehicle has been towed illegally, promptly documenting the illegal actions of the towing companies or drivers involved is crucial to the success of your claim. You will need to demonstrate that the towing company failed to follow one or more of the laws set out above, and documenting those infractions is the first step necessary to do so.
The Idaho Transportation Department (ITD) handles a majority of towing complaints in Idaho, and the department’s website offers information about filing a report or complaint with the agency. Complaints may also be filed with the Idaho Transportation Board (ITB), which manages aspects of the towing in Idaho as it relates to the central transportation system.
Finally, while private citizens do not have standing to independently file a lawsuit against a towing company for violations of Idaho law, you can certainly consult with a private lawyer about the issue to see whether they will take on the case. A lawsuit in such a case would likely be your best bet for obtaining damages for any physical damage caused to your vehicle as the result of an unlawful tow.
If you are interested in pursuing a claim against a private towing company, run your information by an experienced Idaho vehicle accident attorney to see if you have grounds for such action.
How Idaho’s Towing Laws Have Recently Changed
Over the last several years, the Idaho State Legislature has added additional professional standards in the industry, specifying how those standards are to be used and managed. In 2017 the legislature enacted House Bill 0375 which, gives state weigh masters the authority to inspect vehicles to ensure they do not exceed the size or weight limits for operation on public highways. In 2019, Idaho added a law regarding criminal activity including, but not limited to, a vehicle involved in theft, sexual assault, human trafficking, arson, fraud, forgery, identity theft , and any other criminal activity that involved the use of a vehicle. This law gives law enforcement officers the ability to have a vehicle removed from the public roadway as well as create criminal penalties for both the owner and the driver for any of the aforementioned crimes. In 2021 the Idaho Legislature added to the existing towing guidelines involving large commercial trucking companies in Idaho. Convoyers, pilots and escort vehicle operators are now required to get a permit prior to performing their duties for the trucking industry. Each year, the State Legislature creates or modifies the rules and regulations regarding different industries. This year, the Idaho State Legislature discussed legislation creating restrictions on nighttime hauling as well as penalties on the mover when the move is made without proper permits or after hours. These bills did not pass the legislature but could have an impact on how and when a vehicle is allowed to be moved.