Idaho § 49-1807 - TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS

§ 49-1807. TOWED VEHICLE REMOVAL AND NOTIFICATION REQUIREMENTS

(1) Whenever a vehicle is towed pursuant to sections 49-1803 through 49-1806 , Idaho Code, the following procedures shall be followed:

(a) Law enforcement shall:

(i) At the time of tow, except for vehicles towed under section 49-1806 , Idaho Code, complete a notice form containing at least the following information:

1. A complete vehicle description, including license plate number, if available, and vehicle identification number;

2. The time, date, and reason for the tow;

3. The name of the law enforcement agency directing the tow and the case number assigned;

4. The name and badge number of the authorized officer;

5. The name, address, and telephone number of the tow company;

6. The storage location of the vehicle; and

7. The signature of the tow truck operator taking receipt of the vehicle and contents;

(ii) Provide a copy of the notice pursuant to subparagraph (i) of this paragraph to the tow company to authorize towing of the vehicle. A copy shall be provided to the legal or registered owner at the scene, if applicable. The notification provided pursuant to subparagraph (i) of this paragraph shall be in addition to all notices required for vehicle disposal procedures contained in this chapter;

(iii) Not delegate authorization of the towing of vehicles as described in this chapter to a nongovernmental entity; and

(iv) Report the tow in the Idaho public safety and security information system;

(b) The tow company shall:

(i) Report the tow in the department’s towed vehicle portal within one (1) business day of the tow, excluding weekends and holidays, pursuant to applicable procedures; and

(ii) Apply to the department for a title or junk certificate after thirty (30) days from the date of first notification as long as the following conditions have been met:

1. The vehicle has not been claimed;

2. No declaration of opposition was received or the declaration of opposition timeline has elapsed; or

3. If a tow procedure hearing was conducted, it was determined in the favor of the agency; and

(c) The department shall:

(i) Provide the title and insurance information the department has on record when the tow company enters the tow record into the portal;

(ii) Notify the vehicle’s owners and lienholders on record using:

1. If the owner or lienholder signed up for electronic notifications:

(A) Within one (1) business day of the tow company reporting a tow in the portal, an electronic notification;

(B) If the vehicle is not claimed within five (5) business days after being reported in the portal, a second notice by first class mail; and

(C) If the vehicle is not claimed within fifteen (15) business days after being reported in the portal, a third notice by first class mail; or

2. If the owner or lienholder has not signed up for electronic notifications:

(A) Within one (1) business day after a tow company reports a tow in the portal, notification by first class mail; and

(B) If the vehicle is not claimed within ten (10) business days after being reported in the portal, a second notice by first class mail; and

(iii) Issue a title or junk certificate to the towing company clear of any liens after thirty (30) days from the date of first notification if all applicable procedures of this chapter were followed and the conditions of paragraph (b)(ii) of this subsection have been met.

(2) The notifications in subsection (1)(c) of this section shall include the following information:

(a) A description of the vehicle that includes, if available, the make, model, year, vehicle identification number, and license plate number;

(b) The name, address, and telephone number of the tow company;

(c) The date, time, and reason for tow;

(d) The location of the place of storage;

(e) The amount owed for towing;

(f) The daily rate for storage;

(g) The right to a tow procedure hearing pursuant to section 49-1809 , Idaho Code;

(h) The right to claim personal property; and

(i) The right to file a declaration of opposition pursuant to section 49-1808 , Idaho Code.

[49-1807, added 2025, ch. 218, sec. 2, p. 1029.]