AAA: Delaware Bill Protecting Motorists from Predatory Towing Practices Signed into Law by Governor Meyer

With predatory towing practices having become a serious issue in Delaware in recent years, AAA Mid-Atlantic commended Rep. Ed Osienski, the Delaware legislature, and Governor Matt Meyer for enacting House Bill 67, a comprehensive measure to curb those practices. The new law closely follows AAA’s standards by clearly defining towing company responsibilities, requiring photo proof and authorization before tows, setting caps on towing and storage fees, ensuring access to vehicles and personal property, and prohibiting abusive practices. AAA said the legislation is a major step forward in protecting motorists’ rights and property across Delaware. With Governor Meyer’s signature, House Bill 67 goes into effect immediately.

Additional Information from AAA: 

AAA commends Rep. Osienski for continuing to champion for Delaware motorists with House Bill 67 to protect motorists from predatory towing practices and the Delaware legislature for sending the bill to Governor Myers for his signature.

 AAA Mid-Atlantic has long supported HB 67. HB 67 is an extensive and thorough bill, which follows very closely and in some cases nearly matches AAA standards and best practices for protecting motorists and their personal property, as it clearly outlines the responsibilities of tow companies when towing vehicles from private and public property. Importantly, it includes the ability to retrieve private property from a non-consensually towed motor vehicle.

“As the motorists’ advocate, AAA has long supported HB 67, as it is good for the public at large, protecting their rights as vehicle owners and rights to their personal property,” said Jana Tidwell, Manager of Public and Government Affairs for AAA Mid-Atlantic. “We commend Rep. Osienski for his tireless work to make this happen for Delaware motorists, the Delaware legislature for supporting the legislation, and Governor Meyer for signing it into law.”

Predatory towing practices have been a serious issue in Delaware in recent years. The Act creates a new chapter in Title 21 pertaining to the towing of vehicles without the consent of the owner or operator. It makes violations of the chapter an unlawful practice enforceable by the Consumer Protection Unit of the Department of Justice. The Act creates the following requirements for the towing and storage of vehicles without the consent of the owner or operator:

• Photographic evidence must be taken to document the unauthorized parking of a vehicle before it may be towed, and written authorization to tow a specific vehicle is required before the vehicle may be towed from a private parking area.
• Tow companies and storage facilities must publicly display their rates.
• Towing and storage rates must be reasonable, with reasonableness calculated in relation to the fees imposed by the companies for consensual towing and storage or based on average rates in the county.
• A maximum total towing rate of $250 and daily storage rate of $50 is imposed.
• Tow companies must decouple or drop vehicles that have not been removed from parking areas if the owner returns before removal. The drop fee may not be more than 50% of the tow fee.
• Storage facilities must be open or accessible to the public from 8 a.m. to 6 p.m. five days a week, and tow companies must make reasonable accommodations to redeem vehicles after-hours.
• Individuals must be allowed to retrieve at no cost during business hours personal belongings from vehicles held in storage.
• Storage facilities may charge a fee of up to $50 for after-hours access to or retrieval of a vehicle.
• Tow companies and storage facilities must accept credit cards, or have an ATM available with a reasonable access or service fee.
• Where a tow is completed in violation of the chapter, the owner or operator is entitled to both reimbursement of the tow and storage fees as well as damages incurred to retrieve an illegally towed vehicle.
• Tow companies may not patrol for illegally parked cars, unless they have a contract to do so and comply with the requirements applicable to any other unauthorized towing of a vehicle.
• Tow companies may not pay or give other benefits to obtain information about cars parked without authorization.

HB 67 is intended to extend protection for the motoring public. HB 67 is an extensive and thorough bill, which follows very closely and in some cases nearly matches AAA standards and best practices for protecting motorists and their personal property, as it clearly outlines the responsibilities of tow companies when towing vehicles from private and public property. Importantly, it includes the ability to retrieve private property from a non-consensually towed motor vehicle.