Written By Brian Edward Walters, Attorney at Law
According to the folks at the Texas Department of Licensing and Regulation (“TDLR”), you cannot tow a vehicle that violates “parking rules” or “towing rules,” even if those rules are set out in a lease agreement with a tenant. This means, to answer a question that we get constantly, YOU CANNOT TOW FOR BACK-IN OR DOUBLE OR TRIPLE PARKING ACCORDING TO TDLR. Given that this is a strange position that TDLR has adopted, this article analyzes TDLR’s reasoning on the subject.
The ability to tow a vehicle from a private parking lot starts with the concept of an “unauthorized vehicle.” The Texas Towing and Booting Act defines an “unauthorized vehicle” as any vehicle parked, located, or placed on the parking facility without the consent of the parking facility owner. While this definition seems to imply that if you park in a manner that the parking facility owner doesn’t approve the vehicle could be towed, TDLR disagrees.
TDLR and, more specifically, the prosecutors (“Staff”) and the Texas Commission for Licensing and Regulation (the “Commission”) have adopted a very broad view of what constitutes an “authorized” vehicle. Their position is that if a vehicle is on… To read more, become a member with STO now and if you are a member you will receive the full article in your email.