|
Get the
Facts on Towing
The
Miami-Dade County Towing Ordinance requires
all persons and businesses engaged in the
recovery, towing or removal of vehicles to
be licensed by the Miami-Dade County
Consumer Services Department (CSD). The
Ordinance requires all towers to meet safety
equipment requirements, maintain adequate
insurance coverage, and comply with vehicle
signage, identification and advertising
requirements. It also establishes maximum
rates for "non-consent" towing services.
The goal of the ordinance is to ensure
equity in the industry.
Consent/Non-Consent
While the
Miami-Dade County Towing Ordinance requires
all businesses engaged in the recovery,
towing, or removal of vehicles to be
licensed by CSD, there are two distinctly
different categories of tows, consent and
non-consent.
A
consent tow occurs when the vehicle is towed
at the request of the vehicle owner or
authorized driver.
A
non-consent tow occurs when a vehicle is
towed or removed without the prior express
instruction of the vehicle owner or
authorized driver. Non-Consent tows include
police requested tows (accidents, disabled
vehicles, illegal parking, etc.) or the
towing of vehicles from private property
tow-away zones (shopping centers, office
buildings, restaurants, etc.).
Consent
Towing Regulation
Other
than the requirements that apply to all
towers, the ordinance specifically addresses
consent towing by not allowing tow truck
operators to approach inoperable vehicles
(broken down, involved in an accident, etc.)
and offer towing services, unless the
business has been summoned by law
enforcement or the motorist. If you call
towing business or flag down a tow truck,
get written confirmation of the charges
before accepting the service.
Non-consent
Towing Regulation
Because
non-consent tows are not initiated by the
vehicle owner or authorized driver, the
potential for abuse exists. The Miami-Dade
County Towing Ordinance provides additional
protections to consumers who are involved in
non-consent towing situations. The
following information highlights those
additional protections.
Tow-Away
Signs
Unless
you are parking at a single-family
residence, look for a sign using the phrase
"Tow-Away Zone." This sign means that if
you are parked there without authorization,
your car may be towed without your
permission. When posted on private
property, the sign must include the name and
address of the towing service provider and
the address of the storage facility. The
Miami-Dade County Towing Ordinance
identifies the required locations and
lettering requirements of these signs.
Be
careful where you park. If you enter a
parking lot for a specific business or group
of businesses, the property owner may have
your vehicle towed if you leave your vehicle
parked there and walk to another location
close by but not on the property
Who Can
Have My Vehicle Towed?
To
protect consumers from having their vehicles
randomly towed at the discretion of a tow
truck operator, the private property owner
or his authorized agent must provide
specific instruction to have a vehicle
towed. The specific instruction must be
signed and dated in front of the tow truck
operator. Neither the written contract
between the private property owner and the
towing service provider nor the posting of
tow-away signs serve as the required
specific instruction.
Reporting
of Non-consent Tows
How do
you know that your vehicle was towed and not
stolen? If your vehicle is towed from a
tow-away zone, the towing service provider
must report the tow to the Miami-Dade County
Police Department within thirty (30) minutes
of the tow. You may call your local police
station to find out where the vehicle is
being stored and how you can retrieve it.
Vehicles may not be towed if someone is
occupying the vehicle.
Storage
Facilities
In
most cases, if your vehicle is towed, it
must be brought to a storage facility within
a ten (10) mile radius of the location from
where it was towed.
The
storage facility must have an office that is
open from at least 8:00 a.m. to 6:00 p.m.,
Monday through Friday, except holidays.
When the storage facility office is closed,
the towing service provider must prominently
post a notice indicating a telephone number
where they can be reached at all times. If
you contact the towing service provider
after business hours with a request to
retrieve your vehicle, the towing service
provider must return to the storage facility
within one (1) hour to release your vehicle.
If
your vehicle is being stored as a result of
a tow, you or your authorized representative
must be allowed the opportunity to inspect
the vehicle and remove all personal property
prior to paying the tow bill.
If you
call a storage facility, regarding the
retrieval of your vehicle, you must be
informed of the documents necessary for the
release of your vehicle, the exact charges
for towing and storage at the time of the
call, the rates at which additional charges
may be added, and the acceptable methods of
payment.
Each
storage site must prominently display a
schedule of all charges and rates for
non-consent tows. These rates must be in
compliance with the maximum allowed rates
set by Miami-Dade County.
The
towing service provider must accept at least
two (2) of the following forms of payment:
cash (including money order or valid
traveler's check), a valid bank credit card
or valid personal check.
Towing and Storage Rates
As mentioned above, Miami-Dade County sets
the maximum allowable rates for non-consent
removal and storage of vehicles. The rates
depend upon the size of the tow truck
required to perform the tow. A
list of the applicable
rates  is
available in PDF format.
Questions/Complaints
The intent of the Miami-Dade County Towing
Ordinance is to create a level playing field
for participants in the towing industry and
protect consumers from potential abuse. If
you have a towing-related question or wish
to file a complaint about a tower, contact
CSD's Consumer Mediation Center via
telephone at (305) 375-3677 or the Web at
www.miamidade.gov/csd.
Experienced Investigative Analysts will
investigate your complaint and contact you
with the results of the investigation as
well as any recommended courses of action.
If you cannot view
PDF
files, you can download
Acrobat Reader for free from Adobe
Systems, Inc. In order to use PDF files, you
must have Acrobat installed on your
computer. |
