Tow Trucks, Operators and Vehicle Storage Facilities

Here are the public comments on general topics received during the 2012 Strategic Planning process. The comments are grouped as answers to the four questions we based our discussions on.

1. What are we doing well?
2. What can we do better?
3. If you could change one service that we provide or eliminate or amend any provision of TDLR’s statutes or rules, what would it be?
4. What major changes will occur over the next five years that will impact the way you do business and the services we provide?

Read the Towing comments (64 kb PDF) and the VSF comments (13kb PDF). To see the comments for each individual license program, go to that program's section on the web site.

The Towing, Storage and Booting Advisory Board met April 19 in Austin. The agenda is available online. The meeting was archived and is available for viewing in RealPlayer.

Proposed changes to vehicle booting and immobilization rules

REMINDER: The requirement to submit non-consent tow fee schedules to TDLR was repealed September 1, 2011.

Tow companies that perform non-consent tows are no longer required to submit their non-consent tow fee schedules to the Department.

Tow companies that perform non-consent tows must still provide a non-consent tow fee schedule to all vehicle storage facilities to which the tow company delivers vehicles for storage. Upon request, vehicle storage facilities must provide a copy of the non-consent tow fees. Please note that for private property tows, tow companies that perform non-consent tows may not charge a fee that is greater than the statewide maximum private property fees set by the Department. Tow companies may not charge more than private property tow and drop fees set by a municipality, if those fees are less than the statewide maximum private property fees.

For incident management tows, tow companies that perform non-consent tows may not charge a fee greater than the tow fees authorized by the municipality or local government where a tow originated.

Request for Proposals 452-2-0436: Consulting services to study the feasibility and effects of implementing maximum fees for incident management towing services (187KB PDF file). Addendum 1 (8KB PDF file) | Addendum 2 (14KB PDF file)

TDLR is now accepting online payment for administrative penalties for Tow Operators and Vehicle Storage Facilities.

Sample tow tickets now available

Reporting Abandoned Nuisance Vehicles

Number of Days a Vehicle Storage Facility Has to Send Second Notice - Effective September 1, 2011, a licensed vehicle storage facility now sends the second notice 15 days after the first notice to the registered owner/lienholder. For a vehicle accepted by the licensed vehicle storage facility before September 1, 2011, the vehicle storage facility must wait 41 days before sending the second notice.

Repeal of Requirement to Submit Nonconsent Tow Fee Schedules - Effective September 1, 2011, tow companies that perform nonconsent tows are no longer required to submit their nonconsent tow fee schedules to the Department.

Tow companies that perform nonconsent tows must still provide a nonconsent tow fee schedule to all vehicle storage facilities to which the tow company delivers vehicles for storage. Upon request, vehicle storage facilities must provide a copy of the nonconsent tow fees. Please note that for private property tows, tow companies that perform nonconsent tows may not charge a fee that is greater than the statewide maximum private property fees set by the Department.  Tow companies may not charge more than private property tow and drop fees set by a municipality, if those fees are less than the statewide maximum private property fees.

For incident management tows, tow companies that perform nonconsent tows may not charge a fee greater than the tow fees authorized by the municipality or local government where a tow originated.

Statewide Maximum Charges for Private property towing went into effect on September 1, 2010 - The 2009 Legislature passed HB2571 to amend the Towing and Booting Act. The bill requires TDLR’s Commission to adopt rules to establish the maximum amount that may be charged for private property tows in Texas. The bill also requires the Commission to specify the type and amount of any fee that may be charged in connection with a private property tow, other than the tow fee. After months of review and input from the public and industry, the Towing and Booting Advisory Board made recommendations to TDLR’s Commission. On August 9, 2010, the Texas Commission of Licensing and Regulation established the statewide maximum amounts for private property tows and specified that a drop fee may also be charged. The private property statewide maximum tow charges went into effect on September 1, 2010. A tow company performing private property tows may not charge more than the private property statewide maximum tow amounts on or after that date. Please review these Frequently Asked Questions for further information.

All tow truck operators must be licensed. There are three different types of tow operator licenses: the Incident Management Tow Operator License, the Private Property Tow Operator License, and The Consent Tow Operator License. Tow truck operators need to choose only one designation. The Incident Management License allows a driver to perform incident management towing, private property towing and consent towing. The Private Property License allows private property towing and consent towing. The Consent Towing License only authorizes consent towing.

Driver Certification: Tow operators wanting the Incident Management or Private Property Tow Operator License must be certified before they may obtain their license. Applicants for the Consent Towing License do not need to be certified. Certification may be obtained from AAA-Texas, Towing and Recovery Association of America, Texas Towing and Storage Association, Southwest Tow Operators Association, TOWS (Training of Wrecker Services), or the proctored program from WreckMaster, Inc. Currently these programs are the only acceptable certification programs. TDLR does not provide certification classes or certifications. Additional certification programs may be approved in the future.

Vehicle Storage Facility (VSF) Release Form Now Required - TDLR revised the release form on September 29, 2010. The revised version of form VSF011 is available for download (44k PDF). This version replaces the previous version of the form. All Vehicle Storage Facilities must immediately begin using this version of form VSF011 when releasing a stored vehicle, when allowing access to the vehicle by an insurance adjuster, or when allowing access by a representative of the owner. This form replaces Affidavit of Right of Possession (Form VSF009), Notice of Right of Possession for Salvage or Repair (Form VSF 006), Specific Power of Attorney (VSF 007) and the Proof of Loss Claim Form (VSF 008) and Appointment of Authorized Representative for Inspection of Motor Vehicle (VSF 005).