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Questions
about Vehicle Storage Lots and Impounded
Vehicles
Who controls Vehicle
Storage Facilities? - The Texas Department
of License and Regulation (TDLR) is the
States ruling and enforcement authority,
which licenses both private and public
Vehicle Storage Facilities. (VSF) If a
vehicle is stored WITHOUT the owner’s
permission, the vehicle storage facility
must follow statute rules administered by
TDLR. These rules relate to the care of the
vehicle while stored at a vehicle storage
facility (VSF). If the vehicle is stored
WITH the owner’s consent, TDLR vehicle
storage rules do NOT apply
My vehicle was
taken to a storage facility without my
consent. Is the vehicle storage facility
required to be licensed? - Yes. - Vehicle
storage facilities are required to obtain a
license and follow statutes administered by
TDLR regarding vehicle storage. However,
these rules only apply IF the vehicle is
stored without the vehicle owner’s consent.
My vehicle was towed
from private property. How can I find out
where it's being stored? - If the vehicle
was towed from a private parking lot, you
can call the telephone number listed on the
tow-away signs in order to locate your
vehicle. Vehicle storage facilities are
required to report non-consent tows to local
law enforcement within two hours after
receiving the vehicle. You may want to
contact the local law enforcement agency
from the area where your vehicle was towed.
The vehicle storage facility and the tow
truck company may or may not be owned by the
same company.
My vehicle is being
stored with my consent. Do TDLR vehicle
storage facility rules regarding storage
apply? - No. If a vehicle is stored with the
consent of the owner, the business is not
required to have a vehicle storage facility
license. Additionally, TDLR rules regarding
facility lighting and fencing, maximum
charges, notices mailed to the vehicle
owner, vehicle release, and other rules do
not apply.
How much can a
vehicle storage facility charge me for
storing my vehicle? Can the charges begin
immediately or is there a "grace period?" -
If a vehicle storage facility stores a
vehicle without the vehicle owner’s consent,
the vehicle storage facility may charge the
following storage-related fee.
Between $5 and $20 for each day or part of a
day for storage of the vehicle that is 25
feet in length or less, or $35 per day for a
vehicle that exceeds 25 feet in length PLUS
Up to $50 for a notification fee – only if
the vehicle is stored more than 24 hours and
the required notice is mailed by certified
mail, return receipt requested, to the
registered owner and lien holder PLUS
Up to $20 for an impound fee – if the
vehicle storage facility takes certain
actions, such as checking the vehicle
registration records.
Vehicle storage facilities may begin
charging storage fees from the time the
vehicle arrives at the facility. No grace
period is required. (Local bylaws may
provide a grace period, check with city
ordinance.)
Towing fees are not limited by state law but
might be limited by city ordinance. (See
towing fees)
Does the vehicle storage facility have to
notify me that my vehicle is being stored? -
Unless the vehicle has already been claimed
by the owner (or the owner's
representative), vehicle storage facilities
must comply with the following notification
requirements.
The vehicle storage facility is required by
law to notify the last registered owner and
lien holder of the vehicle storage.
Notifications are mailed by certified mail,
return receipt requested, to the addresses
listed on the vehicle's registration
records. If the owner has moved from this
address but has not updated the vehicle
registration records, the owner may not
receive the notice.
If the vehicle is registered in Texas, the
vehicle storage facility is required to mail
the notice within 5 days of receiving the
vehicle for storage; however it may not mail
the letter within the first 24 hours of
storage.
If the vehicle is registered in a state
other than Texas, the vehicle storage
facility is required to mail the notice
within 14 days after storage. However, the
vehicle storage facility may not be able to
meet this deadline if there is a delay in
getting the vehicle owner and lien holder’s
addresses from the state where the vehicle
is registered. Alternatively, the vehicle
storage facility may publish the notice in a
newspaper, but only if certain conditions
apply.
I want to get my vehicle out of a storage
facility. What items do I need to take with
me to the storage facility? - The vehicle
storage facility must release the vehicle to
a person who provides the following:
Payment
of all fees due, PLUS
·
A valid photo identification
issued by the state or federal government
(usually a drivers license), PLUS ANY ONE of
the following eight items (to show proof of
authority)
·
A notarized power of attorney
OR
·
A court order OR
·
A certificate of title OR
·
A tax collector’s receipt and
vehicle registration renewal card OR
·
A notarized proof of loss
claim of theft from an insurance company to
show a right of possession OR
·
Positive name and address
information that corresponds to the
information contained in TXDOT Vehicle
Titles and Registration files OR
·
A valid Insurance Certificate
for the vehicle OR
·
A TDLR-approved Affidavit of
Right of Possession and Control
(download pdf)
·
The name and address on the
identification and the proof of authority
(one of the eight items listed above) must
match.
I do not want to get
my vehicle out of storage, yet I need to
get my personal items out of the vehicle.
What do I need to take to the vehicle
storage facility? - The vehicle owner or
owner’s authorized representative is allowed
to remove personal items from the vehicle
after presenting a valid photo, state or
federally issued photo identification (such
as a drivers license), PLUS any one of the
seven proofs of authority (the seven items
are listed in the previous question).
Personal property,
such as clothes, medicine, and tools may be
removed from the vehicle.
The vehicle may not
be dismantled and parts may not be removed,
so the vehicle owner may not remove items
such as the engine, tires, or installed
stereo.
Payment of towing
and storage fees is not required before
releasing personal property only.
The vehicle storage
facility will require the person removing
the items to give a receipt listing the
items that were removed from the vehicle.
Law enforcement has
a "hold" on my vehicle. Can I get my vehicle
out of storage? - TDLR does not interfere
with law enforcement holds on vehicles. If
law enforcement puts a HOLD on a vehicle or
its contents, TDLR does not determine
whether the hold is appropriate. The vehicle
owner must work with the law enforcement
agency to get the hold released before the
vehicle storage facility can release the
vehicle or its contents.
I need to get my
vehicle out of storage. Is the storage
facility required to release my vehicle any
hour of the day or night? - Vehicle storage
facilities are not required to have an
employee on site at all times. If the
vehicle storage facility accepts vehicles 24
hours a day for storage, the storage
facility must also be available to release
vehicles 24 hours a day with one hour's
notice. If the vehicle storage facility does
not accept vehicles 24 hours a day for
storage, the facility must be available to
release vehicles with one hour’s notice
between 8 a.m. and midnight on Monday
through Saturday, and between 8 a.m. and 5
p.m. on Sundays (except nationally
recognized holidays).
How can I contact
TDLR for additional information? - When
contacting TDLR, please provide your name,
mailing address, telephone number, and
e-mail address if applicable.
Contact TDLR Towing
and Vehicle Storage Facilities by e-mail at
towing@license.state.tx.us
You can contact TDLR
by telephone at 800-299-1700 (select option
3 from the automated telephone menu), or
800-803-9202 or 512-463-6599.
Contact TDLR by US
mail at:
Texas Department of
License and Regulation
Towing and Vehicle
Storage Facilities
PO Box 12157
Austin, TX 78711 |