T49CH18
Title 49 > T49CH18
Sections (17)
49-1801
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1801. ABANDONMENT PROHIBITED. (1) No person shall abandon a vehicle upon any highway. (2) No person shall abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property. History: [49-1801, added 2025, ch. 218, sec. 2, p. 1027.]
49-1802
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1802. PRESUMED RESPONSIBILITY. (1) The abandonment of any vehicle shall create a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amount received from the disposition of the vehicle. (2) The owner of any vehicle removed pursuant to this chapter is presumed responsible for the vehicle and is thereby liable for the costs incurred in the removal, storage, and disposition of the vehicle, less any amounts received from the disposition of the vehicle. (3) If a vehicle is found abandoned or found under extraordinary circumstances and is removed at the direction of any authorized officer and is not redeemed by the owner or lienholder within seven (7) days of the tow, the last registered owner of record is guilty of a traffic infraction, unless the owner has filed a release of liability with the department pursuant to section 49-526 , Idaho Code, in which case the transferee shown on the release of liability shall be guilty of a traffic infraction. (4) Vehicles towed under the provisions of this chapter cannot be disposed of without a title or a junk certificate. (5) If a law enforcement agency places a call or requests a tow company to remove a vehicle, it shall be classified as a law enforcement-directed tow and the provisions of this chapter shall apply. History: [49-1802, added 2025, ch. 218, sec. 2, p. 1027.]
49-1803
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1803. REMOVAL OF STOLEN VEHICLES. (1) Any authorized officer, upon discovery of a vehicle reported as stolen and not recovered, may cause it to be taken to and stored in an authorized impound yard in the custody of a tow company. (2) Within forty-eight (48) hours, excluding weekends and holidays, of the time that the vehicle is taken into custody and is stored pursuant to this section, the agency of which the officer is an agent shall make a reasonable effort to obtain the vehicle owner information from the agency that the stolen vehicle report was filed with and contact the owner by email or phone. If contact is made and no action is taken by the owner or insurance company within seven (7) days or no contact is made within forty-eight (48) hours, the agency shall give written notice by certified mail to the registered and legal owners of the vehicle, if known. The notice shall state: (a) That the vehicle has been taken into custody and stored; (b) The location of storage of the vehicle; (c) The identification of the officer; (d) A description of the vehicle, including make, year, model, identification number, license number, and state of registration; and (e) The statutory authority for storage. (3) If the vehicle is not claimed within thirty (30) days, it shall be considered stolen and not recovered and treated as an abandoned vehicle, subject to the provisions of section 49-1807 , Idaho Code. The storage time accrued under this section may be added to the storage time required through the abandoned vehicle process, pursuant to section 49-1814 (3), Idaho Code, if the vehicle was stored at a tow company facility during the stolen vehicle investigation and notification process. History: [49-1803, added 2025, ch. 218, sec. 2, p. 1027.]
49-1804
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1804. REMOVAL OF ACCIDENTS — DRIVER ARRESTS — VEHICLES FOUND UNDER EXTRAORDINARY CIRCUMSTANCES. Any authorized officer who dispatches a call to request the removal of a vehicle under the authority of this chapter or the provisions of section 49-662 , Idaho Code, as the result of an accident, the driver being arrested, or other extraordinary circumstances may immediately cause the vehicle to be placed in the custody of a tow company. History: [49-1804, added 2025, ch. 218, sec. 2, p. 1028.]
49-1805
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1805. REMOVAL OF roadside ABANDONED VEHICLES. (1) Upon discovery of an abandoned vehicle other than under extraordinary circumstances, an authorized officer shall attach on the vehicle, in plain view, a notice that the vehicle will be towed away after forty-eight (48) hours. The notice shall contain: (a) The name of the officer who prepared the notice; (b) The name of the agency employing the officer; (c) The time and date of attaching the notice; (d) The time and date after which the vehicle will be removed; and (e) The telephone number and address of the agency where further information can be obtained. (2) A reasonable attempt shall be made to notify the owner of any vehicle that has current license plates and registration as shown on the records of the department prior to the expiration of the forty-eight (48) hour notice period. Such notice shall include the location of the vehicle and the time and date of intent to remove the vehicle. The inability of an officer to notify the owner shall not preclude the removal of the vehicle at the expiration of the forty-eight (48) hour period provided for in this section. History: [49-1805, added 2025, ch. 218, sec. 2, p. 1028.]
49-1806
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1806. REMOVAL or BOOTING OF UNAUTHORIZED AND ABANDONED VEHICLEs FROM REAL PROPERTY. (1) Any person having possession or control of real property, including commercial property, who finds an unauthorized vehicle standing on his property is permitted to have the vehicle removed or booted if there is posted on or near the property in a clearly conspicuous location, in large print, a sign or notice that unauthorized vehicles will be removed or booted at the owner’s expense and designating the name of the towing firm. Unauthorized vehicles need not meet the provisions of section 49-102 (2), Idaho Code, in this instance. (2) Any person having possession or control of real property, excluding commercial property, who finds an abandoned vehicle standing on his property when the property is not posted as set out in subsection (1) of this section may contact a tow company to remove the vehicle. The tow company shall have the person having possession or control of the property sign a release form to the tow company identifying himself as the person having possession or control of real property, identifying the vehicle being removed, and taking responsibility for the removal of the vehicle. (3) No vehicle shall be considered unauthorized and subject to removal or booting pursuant to the provisions of this subsection solely on the basis of the vehicle having expired or improper vehicle registration. All other provisions of this chapter shall be complied with. History: [49-1806, added 2025, ch. 218, sec. 2, p. 1028.]
49-1807
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1807. TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS. (1) Whenever a vehicle is towed pursuant to sections 49-1803 through 49-1806 , Idaho Code, the following procedures shall be followed: (a) Law enforcement shall: (i) At the time of tow, except for vehicles towed under section 49-1806 , Idaho Code, complete a notice form containing at least the following information: 1. A complete vehicle description, including license plate number, if available, and vehicle identification number; 2. The time, date, and reason for the tow; 3. The name of the law enforcement agency directing the tow and the case number assigned; 4. The name and badge number of the authorized officer; 5. The name, address, and telephone number of the tow company; 6. The storage location of the vehicle; and 7. The signature of the tow truck operator taking receipt of the vehicle and contents; (ii) Provide a copy of the notice pursuant to subparagraph (i) of this paragraph to the tow company to authorize towing of the vehicle. A copy shall be provided to the legal or registered owner at the scene, if applicable. The notification provided pursuant to subparagraph (i) of this paragraph shall be in addition to all notices required for vehicle disposal procedures contained in this chapter; (iii) Not delegate authorization of the towing of vehicles as described in this chapter to a nongovernmental entity; and (iv) Report the tow in the Idaho public safety and security information system; (b) The tow company shall: (i) Report the tow in the department’s towed vehicle portal within one (1) business day of the tow, excluding weekends and holidays, pursuant to applicable procedures; and (ii) Apply to the department for a title or junk certificate after thirty (30) days from the date of first notification as long as the following conditions have been met: 1. The vehicle has not been claimed; 2. No declaration of opposition was received or the declaration of opposition timeline has elapsed; or 3. If a tow procedure hearing was conducted, it was determined in the favor of the agency; and (c) The department shall: (i) Provide the title and insurance information the department has on record when the tow company enters the tow record into the portal; (ii) Notify the vehicle’s owners and lienholders on record using: 1. If the owner or lienholder signed up for electronic notifications: (A) Within one (1) business day of the tow company reporting a tow in the portal, an electronic notification; (B) If the vehicle is not claimed within five (5) business days after being reported in the portal, a second notice by first class mail; and (C) If the vehicle is not claimed within fifteen (15) business days after being reported in the portal, a third notice by first class mail; or 2. If the owner or lienholder has not signed up for electronic notifications: (A) Within one (1) business day after a tow company reports a tow in the
49-1808
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1808. declaration of opposition. (1) In the event that the legal or registered owner of a vehicle towed under the provisions of this chapter wishes to dispute the fees, claim, disposition, or other issues related to the possessory lienholder, the owner may file a declaration of opposition with the department. (2) The declaration of opposition must be received by the department within twenty (20) calendar days after the date of the first notification sent by the department pursuant to section 49-1807 (1)(c), Idaho Code. (3) The declaration of opposition shall give the declarant ten (10) calendar days after the date the declaration was filed with the department to file legal action against the possessory lienholder. (4) If the declarant files a legal action against the possessory lienholder, the disposition of the vehicle shall be paused pending the outcome of the court proceedings. (5) The declarant may be liable for court costs if a judgment is entered in favor of the possessory lienholder. History: [49-1808, added 2025, ch. 218, sec. 2, p. 1030.]
49-1809
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1809. TOW PROCEDURE HEARING. (1) Whenever an authorized officer initiates the tow or storage of a vehicle pursuant to the provisions of sections 49-1804 and 49-1805 , Idaho Code, the agency authorizing the tow or storage shall provide the vehicle’s registered and legal owners of record or their agents with the opportunity for a tow procedure hearing to determine the validity of the storage. (2) In order to receive a tow procedure hearing, the owners or their agents must send a request for hearing in writing, to the department, within ten (10) calendar days of the date of the initial notice, pursuant to section 49-1807 (1)(c), Idaho Code. Any such hearing shall be conducted within forty-eight (48) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, as long as the hearing officer is not the same person who directed the storage of the vehicle. (3) Failure of either the titled or legal owner or his agent to request or to attend a scheduled hearing shall satisfy the tow procedure hearing requirement as to that person. (4) The provisions of this section shall not apply to vehicles removed from posted property pursuant to section 49-1806 , Idaho Code. (5) The agency employing the person who authorized the tow shall be responsible for the costs incurred for towing and storage if it is determined in the hearing that reasonable cause for the tow and storage cannot be established. History: [49-1809, added 2025, ch. 218, sec. 2, p. 1030.]
49-1810
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1810. CHARGES NOT OTHERWISE PROVIDED FOR. Every tow company in the process of towing, removing, or impounding a vehicle as directed by an authorized officer, except vehicles towed as part of an investigation or that are suspected stolen, shall upon request of the owner or his authorized agent release the vehicle at the scene. If the vehicle is attached to the tow truck, or otherwise in tow, the regular, scheduled tow fee may be charged. When the vehicle is not yet in tow at the time of request, the release must be made, and no charge may be assessed except a customary and reasonable charge for mileage one way from the towing company’s place of storage to the scene plus the usual fee for the tow truck operator. If the authorized fee is not tendered by the owner or his agent, the towing operator may complete the impoundment, towing, or removal, as authorized. History: [49-1810, added 2025, ch. 218, sec. 2, p. 1031.]
49-1811
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1811. CLAIMING OF VEHICLE — REFUSAL TO RELEASE VEHICLE. (1) The owner or lienholder of any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to disposition by proving ownership and paying the costs relative to towing and storing or booting the vehicle. (2) Unauthorized removal of any vehicle towed or booted under the provisions of this chapter without payment in full of all charges and costs that have been incurred under the provisions of this chapter shall be a misdemeanor, and the vehicle may be recovered and returned to the place of storage. (3) Nothing in this chapter shall be construed to abate any cause of action that a lienholder has against the owner of an abandoned vehicle. (4) Any insurer having a claim made against it pertaining to any vehicle removed or booted under the provisions of this chapter, except those vehicles impounded for investigation or suspected stolen, may take possession of the vehicle at any time prior to the settlement of such claim following determination by such insurer that the vehicle has been determined by such insurer to be a total loss, obtaining verbal consent of the owner and by paying the lawfully entitled costs relative to towing and storing the vehicle. The insurer holding facility shall allow the vehicle owner or his representative access to the vehicle upon the vehicle owner or his representative providing evidence of ownership. Personal property, including items not attached or related to the vehicle, must be returned to the vehicle owner pursuant to section 49-1814 (4), Idaho Code. If no total loss settlement is reached, the insurer shall return the vehicle to a mutually agreed upon location. Any holding facility that releases a vehicle pursuant to the provisions of this subsection shall be held harmless for the release of such vehicle. The insurer shall provide the location and telephone number of the insurer holding facility to the vehicle owner or his representative. (5) Any towing company that tows a vehicle pursuant to this chapter shall take the vehicle to such place as the owner or his authorized agent with a power of attorney may reasonably request. If such a request is not received, the towing company shall take the vehicle to its nearest place of safe storage. The towing company shall not be entitled to recover any storage fees, impound fees, unauthorized repair fees, or other fees, except the scheduled tow fee, if the towing company: (a) Removes the vehicle to a place other than as directed by the officer or as reasonably requested by the owner or his authorized agent with a power of attorney; (b) After removing the vehicle, refuses to release the vehicle to the owner, his authorized agent, insurance representative, or lienholder for any reason other than the refusal of the owner,
49-1812
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1812. IDAHO STATE POLICE AUTHORIZED TOW LIST — BACKGROUND CHECKS. The Idaho state police shall establish and maintain an authorized tow list. To determine the suitability of applicants for inclusion on the Idaho state police-authorized tow list, the Idaho state police shall require every applicant towing firm owner, driver, and operator to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police bureau of criminal identification and the federal bureau of investigation. The cost of taking and processing such fingerprints shall be the responsibility of the applicant. Pursuant to section 67-3008 , Idaho Code, the Idaho state police shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police bureau of criminal identification for a criminal records check of state and national databases. The Idaho state police may receive criminal history information from the Idaho state police bureau of criminal identification and from the federal bureau of investigation for the purpose of evaluating the fitness of applicants for inclusion on the Idaho state police-authorized tow list. History: [49-1812, added 2025, ch. 218, sec. 2, p. 1032.]
49-1813
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1813. local government TOW LISTS. Any county or city, including any law enforcement agency of a county or city, that maintains an authorized tow list shall document and make publicly available the qualifications to be added to or removed from such tow list. History: [49-1813, added 2025, ch. 218, sec. 2, p. 1032.]
49-1814
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1814. FEES, STORAGE, AND ACCESS TO VEHICLE. (1) Whenever a vehicle has been towed under the provisions of this chapter, reasonable efforts shall be made to secure and prevent further damage to the vehicle being stored. (2) A towing company shall furnish its rate sheet to the department for law enforcement-directed tows. The department shall make the rate sheet available to the public and the rate sheet shall also be posted at the towing company’s place of business and be made available upon request to consumers. Tow fees shall not vary based on the value of the vehicle and a charge more than what is reflected on the rate sheet for any service shall be deemed excessive. (3) The maximum storage limit shall not exceed sixty (60) days from the date of tow. If the tow was reported in the portal within one (1) business day, excluding weekends and holidays, storage fees may begin from the date of tow. If the tow was not reported in the portal within one (1) business day, excluding weekends and holidays, storage fees shall not begin accumulating until the tow is reported in the portal by the towing company. (4) Any vehicle stored under the provisions of this chapter, except vehicles being stored as part of a law enforcement investigation, shall: (a) Be made available for physical inspection by the legal or registered owner, authorized agent with a valid power of attorney, or insurance representative during reasonable business hours at no additional charge; and (b) Have no lien attached to any personal property in or on the vehicle. Personal property in or on the vehicle shall be given to the registered owner or the owner’s authorized agent, if such agent has a valid power of attorney, during reasonable business hours at no additional charge, upon demand. The possessory lienholder shall not be responsible for personal property not attached to the vehicle after any vehicle has been disposed of pursuant to this chapter. History: [49-1814, added 2025, ch. 218, sec. 2, p. 1032.]
49-1815
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1815. FEE TO ACCOMPANY INFORMATION REQUEST. Upon entering the towed vehicle information into the portal, the department shall receive a fee in accordance with section 49-202 (2)(g), Idaho Code. History: [49-1815, added 2025, ch. 218, sec. 2, p. 1033.]
49-1816
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1816. ABANDONED VEHICLE TRUST ACCOUNT — APPROPRIATION AND USE. (1) There is hereby established in the state treasury the abandoned vehicle trust account. There shall be set aside, paid into, and credited to the fund the fees authorized under section 31-3201F , Idaho Code, collected by the district courts. (2) Moneys deposited in the abandoned vehicle trust account are hereby continuously appropriated to the department for the purposes of satisfying allowable claims and reimbursing the costs of administering the provisions of this chapter. (3) Each fee collected by the district courts pursuant to section 31-3201F , Idaho Code, shall be distributed as follows: (a) Seventy-five dollars (75.00) to the towing company that towed the vehicle involved in the infraction. (4) Fees shall be distributed to law enforcement agencies and towing companies on a monthly basis. History: [49-1816, added 2025, ch. 218, sec. 2, p. 1033.]
49-1817
TITLE 49 MOTOR VEHICLES CHAPTER 18 TOWING AND STORAGE OF MOTOR VEHICLES 49-1817. PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE. The provisions of this chapter shall be applicable and uniform throughout the state and in all political subdivisions. No local or state authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this chapter. History: [49-1817, added 2025, ch. 218, sec. 2, p. 1033.]