{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-118.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-118.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-118.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-118.html"}],"law_id":82474,"edition_id":1,"section_id":82474,"structure_id":14128,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","history":"2012, cc. 803, 835; 2015, c. 217; 2020, c. 829; 2023, c. 600; 2024, cc. 337, 409, 574.","full_text":"A\n\nNo tow truck driver shall:1\n\nUse fraud or deceit in the offering or delivering of towing and recovery services;2\n\nConduct his business or offer services in such a manner as to endanger the health and welfare of the public;3\n\nUse alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;4\n\nObtain any fee by fraud or misrepresentation;5\n\nRemove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;6\n\nViolate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or7\n\nDrive by the scene of a wrecked or disabled vehicle for which a law-enforcement tow has been initiated by a law-enforcement agency, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle.B\n\nNo towing and recovery operator shall:1\n\nUse fraud or deceit in the offering or delivering of towing and recovery services;2\n\nConduct his business or offer services in such a manner as to endanger the health and welfare of the public;3\n\nUse alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;4\n\nNeglect to maintain on record at the towing and recovery operator’s principal office a list of all drivers employed by the towing and recovery operator;5\n\nObtain any fee by fraud or misrepresentation;6\n\nAdvertise services in any manner that deceives, misleads, or defrauds the public;7\n\nAdvertise or offer services under a name other than one’s own name;8\n\nFail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217, but shall be required to accept personal checks;9\n\nFail to display at the towing and recovery operator’s principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;10\n\nFail to have readily available at the towing and recovery operator’s principal office, at the customer’s request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;11\n\nKnowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;12\n\nFail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;13\n\nWillfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;14\n\nEmploy a driver required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1;15\n\nRemove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;16\n\nRefuse, at the towing and recovery operator’s place of business, to make change, up to $100, for the owner of the vehicle towed without the owner’s consent if the owner pays in cash for charges for towing and storage of the vehicle;17\n\nViolate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services;18\n\nFail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-1209;19\n\nRefuse to allow, consistent with the protections detailed in the provisions of subsection E of § 46.2-644.01, the owner of the vehicle towed, upon proof of ownership of the vehicle, to access and recover any personal items without retrieving the vehicle and without paying any fee; or20\n\nRequire an individual who appears to retrieve a vehicle towed to provide to the towing and recovery operator, in addition to payment of fees, any document not otherwise required by law before releasing the vehicle to the individual.C\n\nNo tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is being towed.D\n\nNo tow truck driver or towing and recovery operator as defined in § 46.2-116 shall cause any other person to solicit or offer towing services in any manner, directly or indirectly, at the scene of any wrecked or disabled motor vehicle upon a highway, as defined in § 46.2-100, when such wrecked or disabled motor vehicle reasonably necessitates removal by a tow truck. In addition to any penalty authorized pursuant to this title, any tow truck driver or towing and recovery operator violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.","order_by":null,"text":{"0":{"id":295472,"text":"No tow truck driver shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":295473,"text":"Use fraud or deceit in the offering or delivering of towing and recovery services;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":295474,"text":"Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":295475,"text":"Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":295476,"text":"Obtain any fee by fraud or misrepresentation;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":295477,"text":"Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":295478,"text":"Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":295479,"text":"Drive by the scene of a wrecked or disabled vehicle for which a law-enforcement tow has been initiated by a law-enforcement agency, initiate contact with the owner or operator of such vehicle by soliciting or offering towing services, and tow such vehicle.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":295480,"text":"No towing and recovery operator shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"9":{"id":295481,"text":"Use fraud or deceit in the offering or delivering of towing and recovery services;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"10":{"id":295482,"text":"Conduct his business or offer services in such a manner as to endanger the health and welfare of the public;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"11":{"id":295483,"text":"Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"12":{"id":295484,"text":"Neglect to maintain on record at the towing and recovery operator’s principal office a list of all drivers employed by the towing and recovery operator;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"13":{"id":295485,"text":"Obtain any fee by fraud or misrepresentation;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"14":{"id":295486,"text":"Advertise services in any manner that deceives, misleads, or defrauds the public;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"15":{"id":295487,"text":"Advertise or offer services under a name other than one’s own name;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"16":{"id":295488,"text":"Fail to accept for payment cash, insurance company check, certified check, money order, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217, but shall be required to accept personal checks;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"17":{"id":295489,"text":"Fail to display at the towing and recovery operator’s principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"18":{"id":295490,"text":"Fail to have readily available at the towing and recovery operator’s principal office, at the customer’s request, the maximum fees normally charged by the towing and recovery operator for basic services for towing and initial hookup of vehicles;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"19":{"id":295491,"text":"Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"20":{"id":295492,"text":"Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"21":{"id":295493,"text":"Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract for services rendered between the towing and recovery operator and any locality or political subdivision of the Commonwealth;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"22":{"id":295494,"text":"Employ a driver required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1;","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"23":{"id":295495,"text":"Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a vehicle towed or removed at the request of a law-enforcement officer to any location outside the Commonwealth;","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"24":{"id":295496,"text":"Refuse, at the towing and recovery operator’s place of business, to make change, up to $100, for the owner of the vehicle towed without the owner’s consent if the owner pays in cash for charges for towing and storage of the vehicle;","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"B17"},"25":{"id":295497,"text":"Violate, or assist, induce, or cooperate with others to violate, any provision of law related to the offering or delivery of towing and recovery services;","type":"section","prefixes":["B","17"],"prefix":"17","entire_prefix":"B17","prefix_anchor":"B17","level":2,"prior_prefix":"B16","next_prefix":"B18"},"26":{"id":295498,"text":"Fail to provide the owner of a stolen vehicle written notice of his right under law to be reimbursed for towing and storage of his vehicle out of the state treasury from the appropriation for criminal charges as required in § 46.2-1209;","type":"section","prefixes":["B","18"],"prefix":"18","entire_prefix":"B18","prefix_anchor":"B18","level":2,"prior_prefix":"B17","next_prefix":"B19"},"27":{"id":295499,"text":"Refuse to allow, consistent with the protections detailed in the provisions of subsection E of § 46.2-644.01, the owner of the vehicle towed, upon proof of ownership of the vehicle, to access and recover any personal items without retrieving the vehicle and without paying any fee; or","type":"section","prefixes":["B","19"],"prefix":"19","entire_prefix":"B19","prefix_anchor":"B19","level":2,"prior_prefix":"B18","next_prefix":"B20"},"28":{"id":295500,"text":"Require an individual who appears to retrieve a vehicle towed to provide to the towing and recovery operator, in addition to payment of fees, any document not otherwise required by law before releasing the vehicle to the individual.","type":"section","prefixes":["B","20"],"prefix":"20","entire_prefix":"B20","prefix_anchor":"B20","level":2,"prior_prefix":"B19","next_prefix":"C"},"29":{"id":295501,"text":"No tow truck driver as defined in § 46.2-116 or towing and recovery operator as defined in § 46.2-100 shall knowingly permit another person to occupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is being towed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B20","next_prefix":"D"},"30":{"id":295502,"text":"No tow truck driver or towing and recovery operator as defined in § 46.2-116 shall cause any other person to solicit or offer towing services in any manner, directly or indirectly, at the scene of any wrecked or disabled motor vehicle upon a highway, as defined in § 46.2-100, when such wrecked or disabled motor vehicle reasonably necessitates removal by a tow truck. In addition to any penalty authorized pursuant to this title, any tow truck driver or towing and recovery operator violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2 misdemeanor for any subsequent offense.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14128,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":13270,"metadata":{},"date_created":"2026-06-26 03:46:57","date_modified":"2026-06-26 03:46:57","permalink":{"id":225293,"object_type":"structure","relational_id":14128,"identifier":"1","token":"46.2\/I\/1","url":"\/46.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13270,"edition_id":1,"name":"General Provisions; Department of Motor Vehicles","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":225291,"object_type":"structure","relational_id":13270,"identifier":"I","token":"46.2\/I","url":"\/46.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82691,"structure_id":14128,"section_number":"46.2-100","catch_line":"Definitions","url":"\/46.2-100\/","token":"46.2\/I\/1\/46.2-100","metadata":false},{"id":79952,"structure_id":14128,"section_number":"46.2-100.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/46.2-100.1\/","token":"46.2\/I\/1\/46.2-100.1","metadata":false},{"id":66965,"structure_id":14128,"section_number":"46.2-101","catch_line":"Applicability of title to vehicles on certain toll roads and parking facilities","url":"\/46.2-101\/","token":"46.2\/I\/1\/46.2-101","metadata":false},{"id":73192,"structure_id":14128,"section_number":"46.2-102","catch_line":"Enforcement by law-enforcement officers; officers to be uniformed; officers to be paid fixed salaries","url":"\/46.2-102\/","token":"46.2\/I\/1\/46.2-102","metadata":false},{"id":58256,"structure_id":14128,"section_number":"46.2-103","catch_line":"Stopping vehicles for inspection or to secure information","url":"\/46.2-103\/","token":"46.2\/I\/1\/46.2-103","metadata":false},{"id":59128,"structure_id":14128,"section_number":"46.2-104","catch_line":"Possession of registration cards; exhibiting registration card and licenses; failure to carry license or registration card","url":"\/46.2-104\/","token":"46.2\/I\/1\/46.2-104","metadata":false},{"id":66134,"structure_id":14128,"section_number":"46.2-105","catch_line":"Making false affidavit or swearing falsely, perjury","url":"\/46.2-105\/","token":"46.2\/I\/1\/46.2-105","metadata":false},{"id":56208,"structure_id":14128,"section_number":"46.2-105.1","catch_line":"Unlawful procurement of certificate, license, or permit; unauthorized possession of examination or answers; unlawful distribution of false operator's license; penalty","url":"\/46.2-105.1\/","token":"46.2\/I\/1\/46.2-105.1","metadata":false},{"id":68909,"structure_id":14128,"section_number":"46.2-105.2","catch_line":"Obtaining documents from the Department when not entitled thereto; penalty","url":"\/46.2-105.2\/","token":"46.2\/I\/1\/46.2-105.2","metadata":false},{"id":57524,"structure_id":14128,"section_number":"46.2-106","catch_line":"Reciprocal agreements entered into by Governor","url":"\/46.2-106\/","token":"46.2\/I\/1\/46.2-106","metadata":false},{"id":82668,"structure_id":14128,"section_number":"46.2-107","catch_line":"Lists of vehicles used for rent or hire, or by contract carriers","url":"\/46.2-107\/","token":"46.2\/I\/1\/46.2-107","metadata":false},{"id":87378,"structure_id":14128,"section_number":"46.2-108","catch_line":"Records required of persons renting motor vehicles without drivers; inspections; insurance","url":"\/46.2-108\/","token":"46.2\/I\/1\/46.2-108","metadata":false},{"id":78969,"structure_id":14128,"section_number":"46.2-109","catch_line":"Reports by persons in charge of garages and repair shops; vehicles equipped with bullet-proof glass or smoke projectors or struck by bullets","url":"\/46.2-109\/","token":"46.2\/I\/1\/46.2-109","metadata":false},{"id":74372,"structure_id":14128,"section_number":"46.2-110","catch_line":"Right to inspect vehicles in garages","url":"\/46.2-110\/","token":"46.2\/I\/1\/46.2-110","metadata":false},{"id":78142,"structure_id":14128,"section_number":"46.2-111","catch_line":"Flares and other signals relating to stopped commercial motor vehicles","url":"\/46.2-111\/","token":"46.2\/I\/1\/46.2-111","metadata":false},{"id":86621,"structure_id":14128,"section_number":"46.2-112","catch_line":"Tampering with odometer; penalty; civil liability","url":"\/46.2-112\/","token":"46.2\/I\/1\/46.2-112","metadata":false},{"id":56620,"structure_id":14128,"section_number":"46.2-113","catch_line":"Violations of this title; penalties","url":"\/46.2-113\/","token":"46.2\/I\/1\/46.2-113","metadata":false},{"id":63404,"structure_id":14128,"section_number":"46.2-114","catch_line":"Disposition of fines and forfeitures","url":"\/46.2-114\/","token":"46.2\/I\/1\/46.2-114","metadata":false},{"id":83135,"structure_id":14128,"section_number":"46.2-115","catch_line":"Inapplicability of title on Tangier Island; adoption of local ordinances; penalties","url":"\/46.2-115\/","token":"46.2\/I\/1\/46.2-115","metadata":false},{"id":55270,"structure_id":14128,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","url":"\/46.2-116\/","token":"46.2\/I\/1\/46.2-116","metadata":false},{"id":84528,"structure_id":14128,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","url":"\/46.2-117\/","token":"46.2\/I\/1\/46.2-117","metadata":false},{"id":82474,"structure_id":14128,"section_number":"46.2-118","catch_line":"Prohibited acts by tow truck drivers and towing and recovery operators","url":"\/46.2-118\/","token":"46.2\/I\/1\/46.2-118","metadata":false},{"id":84696,"structure_id":14128,"section_number":"46.2-119","catch_line":"Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General","url":"\/46.2-119\/","token":"46.2\/I\/1\/46.2-119","metadata":false}],"previous_section":{"id":84528,"structure_id":14128,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","url":"\/46.2-117\/","token":"46.2\/I\/1\/46.2-117","metadata":false},"next_section":{"id":84696,"structure_id":14128,"section_number":"46.2-119","catch_line":"Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General","url":"\/46.2-119\/","token":"46.2\/I\/1\/46.2-119","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-118\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 803<\/a> and 835<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapter 217<\/a>; in 2020, chapter 829<\/a>; in 2023, chapter 600<\/a>; in 2024, chapters 337<\/a>, 409<\/a>, and 574<\/a>.<\/p>","references":[{"id":76721,"section_number":"2.2-517","catch_line":"Division of Consumer Counsel created; duties","order_by":null,"url":"\/2.2-517\/"},{"id":55270,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","order_by":null,"url":"\/46.2-116\/"},{"id":84528,"section_number":"46.2-117","catch_line":"Revocation and suspension of registration of tow truck driver; notice and hearing; assessment of costs","order_by":null,"url":"\/46.2-117\/"},{"id":84696,"section_number":"46.2-119","catch_line":"Complaints against tow truck drivers or towing and recovery operators; enforcement by the Office of the Attorney General","order_by":null,"url":"\/46.2-119\/"},{"id":57835,"section_number":"46.2-1233.3","catch_line":"Improper towing; penalty","order_by":null,"url":"\/46.2-1233.3\/"}],"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":55270,"section_number":"46.2-116","catch_line":"Registration with Department of Criminal Justice Services required for tow truck drivers; penalty","order_by":null,"url":"\/46.2-116\/"},{"id":74116,"section_number":"46.2-1209","catch_line":"Unattended or immobile vehicles, generally","order_by":null,"url":"\/46.2-1209\/"},{"id":60919,"section_number":"46.2-1217","catch_line":"Local governing body may regulate certain towing","order_by":null,"url":"\/46.2-1217\/"},{"id":68405,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","order_by":null,"url":"\/46.2-1231\/"},{"id":71754,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","order_by":null,"url":"\/46.2-644.01\/"},{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":225379,"object_type":"law","relational_id":82474,"identifier":"46.2-118","token":"46.2\/I\/1\/46.2-118","url":"\/46.2-118\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-118\/","token":"46.2\/I\/1\/46.2-118","dublin_core":{"Title":"Prohibited acts by tow truck drivers and towing and recovery operators","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-118","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No tow truck<\/span> driver<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Use fraud<\/span> or deceit in the offering or delivering of towing and recovery services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Conduct his business or offer services in such a manner as to endanger the health and welfare of the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Obtain any fee by fraud<\/span> or misrepresentation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Remove or tow a trespassing vehicle<\/span>, as provided in § 46.2-1231<\/a>, or a vehicle<\/span> towed or removed at the request of a law<\/span>-enforcement officer<\/span> to any location outside the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Violate, or assist, induce, or cooperate with others to violate, any provision of law<\/span> related to the offering or delivery of towing and recovery services; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Drive by the scene of a wrecked or disabled vehicle<\/span> for which a law<\/span>-enforcement tow has been initiated by a law<\/span>-enforcement agency, initiate contact with the owner<\/span> or operator<\/span> of such vehicle<\/span> by soliciting or offering towing services, and tow such vehicle<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No towing and recovery operator<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Use fraud<\/span> or deceit in the offering or delivering of towing and recovery services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Conduct his business or offer services in such a manner as to endanger the health and welfare of the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Use alcohol or drugs to the extent such use renders him unsafe to provide towing and recovery services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Neglect to maintain on record at the towing and recovery operator<\/span>’s principal office a list of all drivers<\/span> employed by the towing and recovery operator<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Obtain any fee by fraud<\/span> or misrepresentation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Advertise services in any manner that deceives, misleads, or defrauds the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Advertise or offer services under a name other than one’s own name; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Fail to accept for payment cash, insurance company check, certified check, money order<\/span>, or at least one of two commonly used, nationally recognized credit cards, except those towing and recovery operators<\/span> who have an annual gross income of less than $10,000 derived from the performance of towing and recovery services shall not be required to accept credit cards, other than when providing police-requested towing as defined in § 46.2-1217<\/a>, but shall be required to accept personal checks; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Fail to display at the towing and recovery operator<\/span>’s principal office in a conspicuous place a listing of all towing, recovery, and processing fees for vehicles<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Fail to have readily available at the towing and recovery operator<\/span>’s principal office, at the customer’s request, the maximum fees normally charged by the towing and recovery operator<\/span> for basic services for towing and initial hookup of vehicles<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Knowingly charge excessive fees for towing, storage, or administrative services or charge fees for services not rendered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Fail to maintain all towing records, which shall include itemized fees, for a period of one year from the date of service; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Willfully invoice payment for any services not stipulated or otherwise incorporated in a contract<\/span> for services rendered between the towing and recovery operator<\/span> and any locality or political subdivision of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Employ a driver<\/span> required to register with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry pursuant to Chapter 9 (§ 9.1-900<\/a> et seq.) of Title 9.1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Remove or tow a trespassing vehicle<\/span>, as provided in § 46.2-1231<\/a>, or a vehicle<\/span> towed or removed at the request of a law<\/span>-enforcement officer<\/span> to any location outside the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Refuse, at the towing and recovery operator<\/span>’s place of business, to make change, up to $100, for the owner<\/span> of the vehicle<\/span> towed without the owner<\/span>’s consent if the owner<\/span> pays in cash for charges for towing and storage of the vehicle<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Violate, or assist, induce, or cooperate with others to violate, any provision of law<\/span> related to the offering or delivery of towing and recovery services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Fail to provide the owner<\/span> of a stolen vehicle<\/span> written notice of his right under law<\/span> to be reimbursed for towing and storage of his vehicle<\/span> out of the state treasury from the appropriation for criminal charges as required in § 46.2-1209<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Refuse to allow, consistent with the protections detailed in the provisions of subsection E of § 46.2-644.01<\/a>, the owner<\/span> of the vehicle<\/span> towed, upon proof of ownership of the vehicle<\/span>, to access and recover any personal items without retrieving the vehicle<\/span> and without paying any fee; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Require an individual who appears to retrieve a vehicle<\/span> towed to provide to the towing and recovery operator<\/span>, in addition to payment of fees, any document not otherwise required by law<\/span> before releasing the vehicle<\/span> to the individual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No tow truck<\/span> driver<\/span> as defined in § 46.2-116<\/a> or towing and recovery operator<\/span> as defined in § 46.2-100<\/a> shall knowingly permit another person to occupy a motor vehicle<\/span> as defined in § 46.2-100<\/a> while such motor vehicle<\/span> is being towed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No tow truck<\/span> driver<\/span> or towing and recovery operator<\/span> as defined in § 46.2-116<\/a> shall cause any other person to solicit or offer towing services in any manner, directly or indirectly, at the scene of any wrecked or disabled motor vehicle<\/span> upon a highway<\/span>, as defined in § 46.2-100<\/a>, when such wrecked or disabled motor vehicle<\/span> reasonably necessitates removal by a tow truck<\/span>. In addition to any penalty<\/span> authorized pursuant to this title, any tow truck<\/span> driver<\/span> or towing and recovery operator<\/span> violating the provisions of this subsection shall be guilty of a Class 3 misdemeanor<\/span> for the first offense<\/span> and of a Class 2 misdemeanor<\/span> for any subsequent offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED ACTS BY TOW TRUCK DRIVERS AND TOWING AND RECOVERY OPERATORS (\u00a7\n46.2-118)\n\nA. No tow truck driver shall:\n\n 1. Use fraud or deceit in the offering or delivering of towing and recovery\n services;\n\n 2. Conduct his business or offer services in such a manner as to endanger the\n health and welfare of the public;\n\n 3. Use alcohol or drugs to the extent such use renders him unsafe to provide\n towing and recovery services;\n\n 4. Obtain any fee by fraud or misrepresentation;\n\n 5. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a\n vehicle towed or removed at the request of a law-enforcement officer to any\n location outside the Commonwealth;\n\n 6. Violate, or assist, induce, or cooperate with others to violate, any\n provision of law related to the offering or delivery of towing and recovery\n services; or\n\n 7. Drive by the scene of a wrecked or disabled vehicle for which a\n law-enforcement tow has been initiated by a law-enforcement agency, initiate\n contact with the owner or operator of such vehicle by soliciting or offering\n towing services, and tow such vehicle.\n\nB. No towing and recovery operator shall:\n\n 1. Use fraud or deceit in the offering or delivering of towing and recovery\n services;\n\n 2. Conduct his business or offer services in such a manner as to endanger the\n health and welfare of the public;\n\n 3. Use alcohol or drugs to the extent such use renders him unsafe to provide\n towing and recovery services;\n\n 4. Neglect to maintain on record at the towing and recovery operator’s\n principal office a list of all drivers employed by the towing and recovery\n operator;\n\n 5. Obtain any fee by fraud or misrepresentation;\n\n 6. Advertise services in any manner that deceives, misleads, or defrauds the\n public;\n\n 7. Advertise or offer services under a name other than one’s own name;\n\n 8. Fail to accept for payment cash, insurance company check, certified check,\n money order, or at least one of two commonly used, nationally recognized\n credit cards, except those towing and recovery operators who have an annual\n gross income of less than $10,000 derived from the performance of towing and\n recovery services shall not be required to accept credit cards, other than\n when providing police-requested towing as defined in § 46.2-1217, but\n shall be required to accept personal checks;\n\n 9. Fail to display at the towing and recovery operator’s principal\n office in a conspicuous place a listing of all towing, recovery, and\n processing fees for vehicles;\n\n 10. Fail to have readily available at the towing and recovery operator’s\n principal office, at the customer’s request, the maximum fees normally\n charged by the towing and recovery operator for basic services for towing and\n initial hookup of vehicles;\n\n 11. Knowingly charge excessive fees for towing, storage, or administrative\n services or charge fees for services not rendered;\n\n 12. Fail to maintain all towing records, which shall include itemized fees,\n for a period of one year from the date of service;\n\n 13. Willfully invoice payment for any services not stipulated or otherwise\n incorporated in a contract for services rendered between the towing and\n recovery operator and any locality or political subdivision of the\n Commonwealth;\n\n 14. Employ a driver required to register with the Sex Offender and Crimes\n Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of\n Title 9.1;\n\n 15. Remove or tow a trespassing vehicle, as provided in § 46.2-1231, or a\n vehicle towed or removed at the request of a law-enforcement officer to any\n location outside the Commonwealth;\n\n 16. Refuse, at the towing and recovery operator’s place of business, to\n make change, up to $100, for the owner of the vehicle towed without the\n owner’s consent if the owner pays in cash for charges for towing and\n storage of the vehicle;\n\n 17. Violate, or assist, induce, or cooperate with others to violate, any\n provision of law related to the offering or delivery of towing and recovery\n services;\n\n 18. Fail to provide the owner of a stolen vehicle written notice of his right\n under law to be reimbursed for towing and storage of his vehicle out of the\n state treasury from the appropriation for criminal charges as required in\n § 46.2-1209;\n\n 19. Refuse to allow, consistent with the protections detailed in the\n provisions of subsection E of § 46.2-644.01, the owner of the vehicle\n towed, upon proof of ownership of the vehicle, to access and recover any\n personal items without retrieving the vehicle and without paying any fee; or\n\n 20. Require an individual who appears to retrieve a vehicle towed to provide\n to the towing and recovery operator, in addition to payment of fees, any\n document not otherwise required by law before releasing the vehicle to the\n individual.\n\nC. No tow truck driver as defined in § 46.2-116 or towing and recovery\noperator as defined in § 46.2-100 shall knowingly permit another person to\noccupy a motor vehicle as defined in § 46.2-100 while such motor vehicle is\nbeing towed.\n\nD. No tow truck driver or towing and recovery operator as defined in §\n46.2-116 shall cause any other person to solicit or offer towing services in any\nmanner, directly or indirectly, at the scene of any wrecked or disabled motor\nvehicle upon a highway, as defined in § 46.2-100, when such wrecked or\ndisabled motor vehicle reasonably necessitates removal by a tow truck. In\naddition to any penalty authorized pursuant to this title, any tow truck driver\nor towing and recovery operator violating the provisions of this subsection\nshall be guilty of a Class 3 misdemeanor for the first offense and of a Class 2\nmisdemeanor for any subsequent offense.\n\nHISTORY: 2012, cc. 803, 835; 2015, c. 217; 2020, c. 829; 2023, c. 600; 2024, cc.\n337, 409, 574.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}