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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60919</law_id><section_number>46.2-1217</section_number><catch_line>Local governing body may regulate certain towing</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-517</reference><reference>46.2-117</reference><reference>46.2-118</reference><reference>46.2-119</reference><reference>46.2-1215</reference><reference>46.2-1231.2</reference><reference>46.2-1233.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="46.2">Motor Vehicles</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Operation</unit><unit label="chapter" level="3" order_by="1" identifier="12">Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking</unit><unit label="article" level="4" order_by="1" identifier="3">Trespassing Vehicles, Parking, and Towing</unit></structure><text>
						<section><p>The <span class="dictionary">governing body</span> of any county, city, or town by <span class="dictionary">ordinance</span> may regulate services rendered pursuant to police towing requests by any business engaged in the towing or storage of unattended, abandoned, or immobile <span class="dictionary">vehicles</span>. The <span class="dictionary">ordinance</span> may include delineation of service areas for towing services, the limitation of the number of persons engaged in towing services in any area, including the creation of one or more exclusive service areas, and the specification of equipment to be used for providing towing service. The <span class="dictionary">governing body</span> of any county, city, or town may <span class="dictionary">contract</span> for services rendered pursuant to a police towing request with one or more businesses engaged in the towing or storage of unattended, abandoned, or immobile <span class="dictionary">vehicles</span>. The <span class="dictionary">contract</span> may specify the fees or charges to be paid by the owner or operator of a towed vehicle to the person undertaking its towing or storage and may prescribe the geographical area to be served by each person providing towing services. The county, city, or town may establish criteria for eligibility of persons to enter into towing services <span class="dictionary">contracts</span> and, in its discretion, may itself provide exclusive towing and storage service for <span class="dictionary">police-requested towing</span> of unattended, abandoned, or immobile <span class="dictionary">vehicles</span>. Nothing herein shall prohibit the <span class="dictionary">Department</span> of State Police from entering into a <span class="dictionary">memorandum</span> of understanding with a county, city, or town to provide for towing services.
		Prior to adopting an <span class="dictionary">ordinance</span> or entering into a <span class="dictionary">contract</span> pursuant to this section, the local <span class="dictionary">governing body</span> shall appoint an advisory board to advise the <span class="dictionary">governing body</span> with regard to the appropriate provisions of the <span class="dictionary">ordinance</span> or terms of the <span class="dictionary">contract</span>. The advisory board shall include representatives of local <span class="dictionary">law</span>-enforcement agencies, <span class="dictionary">towing and recovery operators</span>, and the general public.
		&#x201C;<span class="dictionary">Police-requested towing</span>&#x201D; or &#x201C;police towing request,&#x201D; as used in this section, includes all requests made by a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> of the county, city, or town pursuant to this article or Article 2 (&#xA7;&#xA0;<a class="law" title="Unattended or immobile vehicles, generally" href="/46.2-1209/">46.2-1209</a> et seq.) and towing requests made by a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> of the county, city, or town at the request of the owner or operator of an unattended, abandoned, or immobile vehicle, when no specific service provider is requested by such owner or operator.
		If an unattended, abandoned, or immobile vehicle is located so as to impede the free flow of traffic on a <span class="dictionary">highway</span> declared by resolution of the Commonwealth Transportation Board to be a portion of the interstate <span class="dictionary">highway</span> system and a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> determines, in his discretion, that the business or businesses authorized to undertake the towing or storage of the vehicle pursuant to an <span class="dictionary">ordinance</span> or <span class="dictionary">contract</span> adopted pursuant to this section cannot respond in a timely manner, the <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> may request towing or storage service from a towing or storage business other than those authorized by such <span class="dictionary">ordinance</span> or <span class="dictionary">contract</span>.
		If an unattended, abandoned, or immobile vehicle is towed as the result of a (i) police towing request or (ii) towing request made by a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> employed by the <span class="dictionary">Department</span> of State Police, the owner or person having control of the business or property to which the vehicle is towed shall allow the <span class="dictionary">owner of the vehicle</span> or any other towing and recovery business, upon presentation of a written request therefor from the <span class="dictionary">owner of the vehicle</span>, to have access to the vehicle for the purpose of inspecting or towing the vehicle to another location for the purpose of repair, storage, or disposal. For the purpose of this section, &#x201C;<span class="dictionary">owner of the vehicle</span>&#x201D; means a person who (a) has vested ownership, dominion, or title to the vehicle; (b) is the authorized <span class="dictionary">agent</span> of the owner as defined in clause (a); or (c) is an employee, <span class="dictionary">agent</span>, or representative of an insurance company representing any <span class="dictionary">party</span> involved in a collision that resulted in a (1) police-requested tow or (2) towing request made by a <span class="dictionary"><span class="dictionary">law</span>-enforcement officer</span> employed by the <span class="dictionary">Department</span> of State Police who represents in writing that the insurance company has obtained the oral or written consent of the title owner or his <span class="dictionary">agent</span> or the lessee of the vehicle to obtain <span class="dictionary">possession</span> of the vehicle. It shall be unlawful for any towing and recovery business to refuse to release a vehicle to the owner as defined in this section upon tender of full payment for all lawful charges by cash, insurance company check, certified check, money <span class="dictionary">order</span>, at least one of two commonly used, nationally recognized credit cards, or additional methods of payment approved by the Commonwealth Transportation Board. Thereafter, if a towing and recovery business refuses to release the vehicle, future charges related to storage or handling of the vehicle by such towing and recovery business shall be suspended and no longer payable.
		The vehicle owner who has vested ownership, dominion, or title to the vehicle shall indemnify and hold harmless the <span class="dictionary">towing and recovery operator</span> from any and all liability for releasing the vehicle to any vehicle owner as defined in this section for inspecting or towing the vehicle to another location for the purpose of repair, storage, or disposal.</p></section></text><history>Code 1950, &#xA7; 46-5.1; 1956, c. 114; 1958, c. 541, &#xA7;&#xA7; 46.1-3, 46.1-3.02; 1960, cc. 75, 204; 1966, c. 297; 1972, c. 267; 1974, c. 142; 1977, c. 666; 1980, c. 551; 1978, c. 282; 1984, cc. 64, 190, 381; 1985, c. 91; 1988, c. 520; 1989, c. 727; 1993, c. 405; 1999, c. 78; 2006, cc. 874, 891; 2008, cc. 470, 647; 2012, cc. 803, 835; 2019, c. 630.</history><metadata></metadata></law>
