What most people, including members of law enforcement don't know about the new guidelines regarding the private property towing drop fee charge will cause unnecessary grief to motorists, because of this lack of knowledge. Tow truck operators are being confronted with deadly conduct trying the charge an irate vehicle owner a fee to release their vehicle, still on the property when they are not allowed to charge anything
Law enforcement agencies should dispatch two patrol units if possible, so one officer can verify the location and required statutory text on the towing sign.
Listed below on the TDLR website, which is not available in print form, or books that officers carrying in their trunks and motorists have no idea how to access the information without a computer.
DROP FEE
What is a drop fee?
A drop fee is a charge offered instead of a towing fee that allows the vehicle operator to stop the tow without paying the full tow charge and additional storage charges.
What does the term "hooked up" mean?
Hooked up means the vehicle is fully prepared for transport by attachment to a tow truck, lifted in tow position, with tow lights and safety chains attached and, if required, placed on a dolly in a raised position and the only thing remaining is for the tow operator to drive away.
What does the phrase vehicle owner or representative "attempts to retrieve the motor vehicle" mean?
For purposes of paying the drop charge, the terms vehicle owner or representative means any person who offers to pay the drop charge to stop the tow. Attempt to retrieve the motor vehicle means any verbal request that a reasonable person would understand to mean, "Do not tow my car."
What does the phrase "before its removal from the property" mean?
The phrase "before its removal from the property" refers to vehicles parked on property other than a public roadway. Until the tow truck enters a public street, road or highway, the vehicle owner or operator has an absolute right to regain possession of the vehicle by payment of the drop charge.
What does the phrase "before its removal from the parked location" mean?
The phrase "before its removal from the parked location" refers to vehicles parked on a public roadway. Until the vehicle is hooked up, as described in the definition of hooked up, and the tow operator drives away, the vehicle has not been moved from its parked location.
Can I charge a drop fee, if the owner or operator arrives to move the vehicle before I have fully hooked it up?
No. You must allow the owner or operator to move the vehicle.
Can I charge a drop fee, if the owner or operator arrives after the car is hooked up but before I've left the property or its parked location?
Yes. You must tell the owner or operator that they can pay on the spot for you to drop the vehicle.
Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives when the vehicle is in tow, but before I've left the property?
Yes. If the vehicle is fully hooked up and you are in transport, but you are still on the property, you are required to tell the owner or operator that they may pay a drop fee.
Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives after I've left the property with the vehicle in tow?
No, once you are in transport on a public roadway off the property, you may proceed to a licensed vehicle storage facility.
What form of payment can an owner or operator use to pay for a drop fee?
You must accept cash, debit cards and credit cards.
Reference the maximum fees that can be charge:
86.455. Private Property Tow Fees. (New section adopted effective September 1, 2010. 35 TexReg 7788)
(a) For purposes of this section:
(e) For purposes of this section, a tow company must accept cash, credit cards and debit cards as payment for the drop charge.
Law enforcement agencies should dispatch two patrol units if possible, so one officer can verify the location and required statutory text on the towing sign.
Listed below on the TDLR website, which is not available in print form, or books that officers carrying in their trunks and motorists have no idea how to access the information without a computer.
DROP FEE
What is a drop fee?
A drop fee is a charge offered instead of a towing fee that allows the vehicle operator to stop the tow without paying the full tow charge and additional storage charges.
What does the term "hooked up" mean?
Hooked up means the vehicle is fully prepared for transport by attachment to a tow truck, lifted in tow position, with tow lights and safety chains attached and, if required, placed on a dolly in a raised position and the only thing remaining is for the tow operator to drive away.
What does the phrase vehicle owner or representative "attempts to retrieve the motor vehicle" mean?
For purposes of paying the drop charge, the terms vehicle owner or representative means any person who offers to pay the drop charge to stop the tow. Attempt to retrieve the motor vehicle means any verbal request that a reasonable person would understand to mean, "Do not tow my car."
What does the phrase "before its removal from the property" mean?
The phrase "before its removal from the property" refers to vehicles parked on property other than a public roadway. Until the tow truck enters a public street, road or highway, the vehicle owner or operator has an absolute right to regain possession of the vehicle by payment of the drop charge.
What does the phrase "before its removal from the parked location" mean?
The phrase "before its removal from the parked location" refers to vehicles parked on a public roadway. Until the vehicle is hooked up, as described in the definition of hooked up, and the tow operator drives away, the vehicle has not been moved from its parked location.
Can I charge a drop fee, if the owner or operator arrives to move the vehicle before I have fully hooked it up?
No. You must allow the owner or operator to move the vehicle.
Can I charge a drop fee, if the owner or operator arrives after the car is hooked up but before I've left the property or its parked location?
Yes. You must tell the owner or operator that they can pay on the spot for you to drop the vehicle.
Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives when the vehicle is in tow, but before I've left the property?
Yes. If the vehicle is fully hooked up and you are in transport, but you are still on the property, you are required to tell the owner or operator that they may pay a drop fee.
Do I have to offer to unhook the vehicle for a drop fee, if the owner or operator arrives after I've left the property with the vehicle in tow?
No, once you are in transport on a public roadway off the property, you may proceed to a licensed vehicle storage facility.
What form of payment can an owner or operator use to pay for a drop fee?
You must accept cash, debit cards and credit cards.
Reference the maximum fees that can be charge:
86.455. Private Property Tow Fees. (New section adopted effective September 1, 2010. 35 TexReg 7788)
(a) For purposes of this section:
(1) light-duty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;(b) The maximum amount that may be charged for private property tows is as follows:
(2) medium-duty means the tows of motor vehicles with a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; and
(3) heavy-duty means the tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds; and
(4) drop charge means the maximum that may be charged for the release of the vehicle before its removal from the property or parked location.
(1) light duty tows -- $250;(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property or parked location, the maximum amount that may be charged for a drop charge (if the motor vehicle is hooked up) is:
(2) medium duty tows -- $350; and
(3) heavy duty tows -- $450 per unit or a maximum of $900.
(1) light duty tows -- $125;(d) If an owner, authorized operator, or authorized agent of the owner of a motor vehicle is present before the removal from the property or parked location the tow operator shall advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing drop charge.
(2) medium duty tows -- $175; and
(3) heavy duty tows -- $225.
(e) For purposes of this section, a tow company must accept cash, credit cards and debit cards as payment for the drop charge.
