I came outside to see my car partially hooked up to a wrecker – what rights do I have?

If the car is not fully prepared for transport, the wrecker must release your vehicle at no charge and you must move the vehicle immediately, if not legally parked.  If the wrecker is “Fully Prepared for Transport” but has not yet left the property, you can pay a $50 fee for them to drop the vehicle and you must remove it from the scene immediately.  A tow company can charge the standard non-consent tow fee ($150) after it has left the property.

Does a tow truck company have the right to refuse a credit card payment?

Tow companies must accept credit card payments.

My car is in the tow yard.  Can I access it?

You can access your vehicle to gather personal property and vehicle ownership documents.  You do not have to pay a fee for this.  You can access your vehicle 24 hours a day.

How do I know where my car was towed to?

If your car was towed from a parking lot, red & white signs should be posted at the entrance/exit with the name and phone number of the wrecker company who tows from that lot. Please call that number for more information about your vehicle or you may visit www.search.autoreturn.com. For vehicles towed from a public road, please call 3-1-1 with your vehicle information, or you can visit www.search.autoreturn.com

I called my own wrecker to the scene of an accident, but when APD arrived they said the company wasn’t on the “approved list” and wouldn’t let me use them. Is this legal?

We monitor the quality of tow companies and drivers in order to ensure public safety.  We do require that any wrecker who services a call while APD is on scene be part of our approved roster of companies. 

My car was left on the side of the highway for only an hour, why did APD have it towed?

The City of Austin’s TIM Program (link to TIM website) allows the Police Department to remove vehicles from major roadways (IH 35, Mo-Pac Expressway, US Hwy 183, Hwy 71, and Hwy 290) that could potentially cause hazards.  Wrecker companies are stationed on these major roadways during rush hour times Monday – Friday from 6am-9am and 4pm-7pm, except for City of Austin Holidays.  If a vehicle is left unattended during this time, the vehicle will be removed immediately.  Any vehicle left unattended on IH-35 during any time of day/night will be impounded as a traffic hazard because of the high volume of traffic on this road at any hour.  Otherwise, vehicles left unattended on the roadways that do not pose as a traffic hazard will be tagged as abandoned and impounded after 48 hours, if still on scene.

I feel like the wrecker company is overcharging me for the tow.  How much should it cost?

City of Austin - Fee Schedule | AustinTexas.gov

What do I do if I think my car was towed illegally?

Call 3-1-1 and file a police report for “wrecker ordinance violation.”  Pay to get your car out of impound and request a hearing with the local Justice of the Peace to potentially recoup your money (wrecker companies are required to provide you with information about your right to appeal).  Please see the City of Austin Towing Customer Information in English and in SpanishYou can also contact the state agency that regulates towing, the Texas Department of Licensing and Regulation (“TDLR”) at 1-800-803-9202. After you have made a police report, the case will be assigned to a Detective and they will be in contact with you.

Can a boot be placed in my vehicle when it is parked in a public place?

Austin Transportation Department can boot a vehicle for unpaid fines. Private immobilization services cannot boot a vehicle on public roadways.  Paid public parking lots owned by private businesses can contract with a licensed vehicle immobilization service provider to apply booting devices on vehicles on their property.

How quickly can a company boot my vehicle if I parked it in an unauthorized private parking lot?

A vehicle can be booted as soon as it is unattended. 

My vehicle has been booted and I’d like to pay to have it removed.  How long do I have to wait?

The installer of the boot must remove the boot within one hour of being contacted by the owner/operator who wishes to pay the fee.  If the booting operator fails to remove the boot within one hour, the fee (excluding associated parking fees) must be waived.

I returned to my vehicle as the boot was being installing; the boot was not completely installed.  Do I have to pay a fee to have it removed?

No, you do not have to pay a fee if the boot is not completely installed and a conspicuous notice has been adhered to the front windshield or driver’s side window of the vehicle.

My vehicle was booted and then towed – is that allowed?

A vehicle that has been booted may not be towed until a period of at least 16 hours has passed since the installation of the boot.

My vehicle has been booted.  Who do I call to have it removed?

The booting company must provide the vehicle owner written notice containing the company name, address, phone number, and vehicle immobilization service license number.

For more information about towing and how to file a complaint with TDLR, please visit: https://www.tdlr.texas.gov/towing/onsumerinfo.htm

 

Links to more information:

APD Wrecker Enforcement Unit Responsibilities

Citizen and Consumer Rights Regarding Towed and Booted Vehicles

Wrecker Inspections and Licensing Information for companies and drivers

Vehicle Immobilization Services Information for companies and operators (booters)

TIMS Traffic Incident Management System

Tow and Vehicle Immobilization Fees            

 

 

City Ordinance regarding Towing and Vehicle Immobilization Services: