Iowa Towing Law Overview
Iowa’s regulations governing the towing and removal of vehicles are found in chapter 321.84 of the Iowa Code. Broadly speaking, these rules apply to anyone who repossess or removes another’s vehicle. In general, chapter 321.84 applies to "a person other than the owner or operator, which has lawfully taken charge of a wrecked, disabled, abandoned, stolen, or impounded vehicle for the purpose of repossession or for removal and storage."
According to the Iowa Code , the purpose of the towing regulations are:
All persons providing removal services shall have uniform application of procedures to protect from wrongful take and impoundment, chapters 321B and 321C and this chapter shall be liberally construed to accomplish this purpose.
The towing regulations may be enforced by county attorneys, city attorneys, or the attorneys general, though we have not yet seen any of these authorities take action. It is important to note that there is a difference between the Iowa Code and local ordinances that may also address vehicle repossession and removal.
Without Consent Tow Truck Iowa
Iowa allows for the immediate towing of a vehicle under certain circumstances without requiring the consent of the vehicle owner. Iowa Code § 321.86, the Iowa law governing towing without consent provides:
"…A peace officer may remove or cause to have removed any unattended vehicle from public or private property if the officer is notified by the property owner or lessee or the owner’s or lessee’s agent that the vehicle is parked unlawfully on property under the property owner’s or lessee’s control and that the property owner or lessee requests the removal of the vehicle…"
Iowa Code § 321.86 sets out specific guidelines regarding the towing of vehicles from public and private property in the state of Iowa. If a vehicle has been parked without permission, the vehicle may be removed immediately. The removal is authorized through the use of a peace officer (law enforcement) on the property. The owner or an authorized agent must notify the peace officer of the unlawful parking, and request removal of the vehicle. The notification must be given prior to the vehicle being removed. The peace officer issuing the removal request onto the towing service must have personal knowledge that the property owner has asked for the removal of the vehicle; for example, upon their HWY Patrol check, the information about the vehicle may come up as being required to be towed. An officer may not order a removal based on the telephone call of the property owner (unless the call is made in the presence of the officer).
The property owner or authorized agent requesting the removal must be either the owner of the local towing company on the scene, or the party responsible for the maintenance of the property. The authority to remove a vehicle under this law is limited to public and private property owners, and does not extend to employees of a private property owner or their agents who are not in an official capacity. In other words, even if the business is a small one with no employees, unless the person inquiring about an abandoned vehicle is the owner of the business, he or she does not have the authority to order a removal. In addition, this law does not apply to vehicle owners who have left their vehicle on a road, which should be reported to law enforcement unless it is in front of a business.
It is important to note that under Iowa Code § 321G.9, a peace officer may not have a vehicle towed unless the vehicle has been stolen, parked in violation of Iowa Code § 321.85 (regarding parked vehicles, whether disabled or not), or some other violation or unauthorized circumstance existed on the roadway. In order to avoid confusion and having multiple requests for removal, law enforcement usually advises towing services that they are not required to remove a vehicle under Iowa Code § 321.86 if the vehicle is parked on a roadway.
When a company has been duly informed by a peace officer for the removal of a vehicle under this statute, the company must attach a "failing to obey [towing] order" notice to the offending vehicle, to ensure that the owner is justly notified.
City and County Control of Towing
Local authorities in Iowa also play an important role in the towing and removal of vehicles. Local governments have ordinances that outline the circumstances in which law enforcement officers can order a car to be towed. For example, a law enforcement officer may order the towing and storage of: Law enforcement officers must notify the registered owner of the vehicle or the person who was driving it of the towing within two hours of its removal. Officers must notify the registered owner of the vehicle or the person who was driving it of the towing within three hours of the removal of a motor vehicle that was parked on a highway in violation of the state code. If the owner is not present then a towing company must provide either written notice upon delivery to the parking facility or oral notice within one hour within the removal if the vehicle was parked in violation of a local parking ordinance. Officers who tow cars must provide a written notice to whoever tows the vehicle and give them the license number, make, color and the state of the registration of the towed vehicle. If the owner does not immediately reclaim the vehicle then the tow company must keep it for two months before the owner can redeem it.
Iowa Vehicle Owner Rights
In the event that your vehicle is towed, whatever the circumstances, you should be aware of your rights under Iowa law.
What happens if your vehicle is towed without your permission? If your vehicle is towed without your permission or if you feel you were towed under suspicious circumstances you still have rights under Iowa law. According to Iowa Code section 321.127 every owner whose car has been towed without his or her permission must be notified within 24 hours of the tow. The notification should include the name of the towing company, the location of the tow, and permanent address or phone number you can use to contact the towing company. If the tow was under suspicious circumstances the tow company must inform law enforcement that the vehicle is impounded and provide the process for recovering the vehicle. In the event of an emergency or if the vehicle is recovered before the regulations are followed the company must still notify the owner of the regulations and related time requirements.
Time requirements involving vehicles that have been towed without permission Ideally the owner of the vehicle should be able to contact the towing company about the vehicle in order to retrieve his or her vehicle without having to pay the towing fee if the vehicle has not been in storage for more than 24 hours. It certainly seems a bit unfair to have to pay a towing fee if you can retrieve the vehicle almost immediately. If the vehicle has been in storage must not longer than 30 hours, the owner of the vehicle must be notified by mail notifying them of the amount owed. That is, if you’re owner of the vehicle, which means if you’re in the car when the vehicle is stolen, then you might be considered the owner-you should take the opportunity to do a title search on your vehicle to determine who the legal owner of the vehicle is. The owner must then be allowed to pay this fee and retrieve the vehicle. If the owner or for some reason unknown to them (or even unknown to me) has not been able to retrieve the vehicle after the notification in the mail has been sent the owner must be able to retrieve his or her vehicle within 48 hours from the time of the notification.
Vehicles that have been abandoned If a vehicle is found and viewed as abandoned and left in violation of 321.89 if the owner is unknown, the owner or unknown must be notified that the vehicle will be towed and charged a fee if it is not moved. If the owner post a bond with the officer who notified them of their towed vehicle, they can retrieve up to 4 vehicles per person without charge. The owner must give up any rights to any further movement of vehicles they have abandoned. Both the tow company and the law enforcement officer must keep a copy of the notification and the bond is thereby posted at the officer who notified them of their vehicle. That is, the bond must be available for inspection by law enforcement officers and the division of criminal investigation if needed.
Towa Company Responsibilities Iowa
In order for a towing company to operate legally in Iowa, they need to possess a general equipment operator’s license. Unless you are operating as a private property tow truck driver, which functions a bit differently than a general equipment operator in Iowa, you will be required to obtain a general equipment operator’s license in Iowa.
According to Iowa law (I.C.A. § 321.126), a tow truck driver must charge a price that isn’t more than the maximum rates permitted. The rates are calculated by using a formula that factors in the distance traveled for the tow, the size of the vehicle, the time used for the tow, and so forth.
A tow truck driver cannot charge anything more than the quote over the phone when giving you a price. If the driver has an extra charge to add, then you should not have to pay more than the initial quote. In Iowa, there is no requirement that all tow truck drivers charge the same amount for the same thing . Tow truck drivers are free to establish their own prices (as long as they fit within the general guidelines, have a general equipment operator’s license, and follow along with general criminal and civil laws). Outright scams involving overcharging are illegal, but upcharging for additional services (such as storage costs) is legal.
The only time the company can charge more than what you’ve been quoted is if they get your permission from it.
If you think you have been overcharged for your tow, then you should address the issue directly with them first. If you still think you’ve been wrongly charged after that, you can make a report via the Iowa Attorney General’s office or the Better Business Bureau (BBB). Remember, the BBB can only help with the civil aspects of your claim. The Attorney General can help with both the civil and criminal aspect of the matter, however. Supreme Court decisions suggest that under the Constitution, you are always entitled to a lawyer for no charge for any criminal matter. Therefore, you may be entitled to a pro bono lawyer for any criminal aspect of the matter.
Illegal Tow Iowa
Illegal towing in Iowa occurs when a vehicle is removed from private property without proper permission or under circumstances that violate state or local regulations. This can include instances where a car is towed from a space that has been properly signed or marked, or when a vehicle owner is not contacted when their vehicle is moved. Another common problem is overcharging. Unless an individual who owns property makes an affidavit that an owner is not available, proper procedures need to be followed and charges must be reasonable and clearly posted.
There are several warning signs that indicate illegal towing in Iowa. One of the most common is the absence of signage on private property indicating that the vehicles parked there are subject to being towed. When cars are parked near shopping centers, the area should clearly state that enforcement will be performed by fine and/or towing. Another sign is late towing. Vehicles that have been parked at a location for long periods of time may be eligible for towing, but often the time period they must be at a location for is clearly posted. Sprinklers may not constitute sufficient signage to allow for parking tickets. The ramp should be clearly marked to indicate that the vehicle cannot be parked there. Some companies will try to limit the responsibility of the owner to enforce the law, so that they can rake in more money. It is common practice that if a company will come and put a device on the vehicle, it needs to indicate that the vehicle is illegally parked.
Vehicle owners can pursue a number of legal remedies in response to illegal towing. The first step is typically to contact law enforcement to report the incident and attempt to manage the situation from the local level. If this fails, victims have the right to report violations to the Iowa Department of Transportation. Individuals can also contact their county attorney or the U.S. Department of Transportation to file a complaint. Next, victims can contact the firm of Lockard & Smith Law for legal representation in their case.
Recent Iowa Towing Law Changes
This past legislative season saw a number of changes made to Iowa’s laws and administrative rules related to towing that are designed to better protect consumers through greater oversight, with a few notable exceptions. In 2018, an attorney for the Consumer Protection Division of the Iowa Attorney General’s office worked with lawmakers to draft a law the offered consumers limited but important protections. That year, Iowa legislators passed SF 2257 which amongst other things strictly prohibits tow companies from charging a consumer for locating a vehicle on a lot unless authorized by a court. Until Jan 1, 2022, this same law was to be published in the form of an administrative rule so that consumers were aware of their rights in the meantime.
However, in April of 2021, the Iowa General Assembly passed HF 563 into law which terminated SF 2257 and all of its provisions. Unfortunately, ending the law through the passage of HF 563 was not enough to avoid the application of SF 2257 in the short term, as it was still set to be posted as rule effective on January 1, 2022. As it stood, SF 2257 would be implemented as an administrative rule, and all Iowa tow companies must have complied with it thereafter. In response to that impending implementation and in light of recent pushback over another administrative rule dealing with the towing selection process , Iowa lawmakers introduced SF 2257 again, to cancel the administrative process altogether.
Through HF 563, passed April 2021, Iowa legislators acted to cancel the administrative rule process, eradicating SF 2257 and its provisions from state law and their impact from state law. The impact of HF 563 is now that Iowa consumers enjoy no protections against the loss or disposal of their cars while parked illegally, even in the rare case where it is not done pursuant a lawfully obtained court order. The change also means that tow companies are allowed to charge consumers to locate their vehicles on lots.
The cancellation of SF 2257 brought a temporary relief to automobile insurers and is likely to ensure that vehicles can still be found in a timely manner in the rare cases where they are towed without a court order. However, as with other administrative rules, the process to become the law of the land does inadvertently bring about opportunities to make additional tweaks and amendments. As part of HF 563, the Iowa General Assembly took the opportunity to amend its towing statutes under Iowa Code §§ 321.189A, 321J.24A, and 321J.26 to be sure that it ensures that anyone requesting a vehicle tow will be required to obtain the approval of a law enforcement officer before doing so.