Summary — H 174 (Session Law Chapter 218): Towing and Storage of Motor Vehicles
Status & Effective Date
- Enacted and signed by the Governor March 31, 2025.
- Session Law Chapter 218.
- Effective January 1, 2026.
Purpose / Intent
- Fully repeals the existing Chapter 18, Title 49, Idaho Code and replaces it with a new, comprehensive Chapter 18 governing the towing, storage, removal, and disposition of motor vehicles.
- Aims to create uniform procedures across Idaho for law enforcement, towing companies, lenders, property owners, and the Idaho Transportation Department (ITD).
Fiscal Note
- Bill reported to have no net fiscal impact on state or local governments. ITD will develop any required portal using existing operating funds.
Key Provisions and Changes
- Repeal and Replacement: Deletes prior Chapter 18 and creates a new Chapter 18 (49‑1801 et seq.) setting statewide towing/storage rules and preemption/uniformity provisions.
- Abandonment Prohibited (49‑1801): Prohibits abandoning vehicles on highways or on public/private property without consent.
- Presumed Responsibility (49‑1802): Creates a prima facie presumption that the last registered owner is liable for removal, storage and disposition costs (minus proceeds). Owner liability also applies when vehicles are removed under this chapter.
- If a vehicle removed as abandoned or under “extraordinary circumstances” is not redeemed within 7 days, the last registered owner (or transferee on a release of liability) commits a traffic infraction.
- Vehicles cannot be disposed of without title or junk certificate.
- Stolen Vehicles (49‑1803): Authorized officers may impound reported but unrecovered stolen vehicles; agencies must attempt owner contact within 48 hours (excluding weekends/holidays), provide certified mail notice if needed, and treat unclaimed vehicles as abandoned after 30 days.
- Accidents / Arrests / Extraordinary Circumstances (49‑1804): Officers may immediately place vehicles in tow custody after accidents, arrests, or extraordinary circumstances.
- Roadside Abandoned Vehicles (49‑1805): Officers must affix a visible 48‑hour towing notice and make reasonable owner-notification efforts before removal.
- Private Property Removal / Booting (49‑1806): Property owners or controllers may remove or boot unauthorized vehicles when conspicuous signage is posted. Senate amendment clarifies language addressing commercial vs. non‑commercial property (allows posting “including commercial property” and creates an exception for unposted commercial property language).
- Law Enforcement‑Directed Tows: Calls from law enforcement are classified as law‑enforcement directed to which chapter provisions apply.
- Procedural Protections: Establishes provisions for declarations of opposition, tow-procedure hearings, rules around claiming vehicles and refusal to release, and charges not otherwise provided.
- Tow Lists & Background Checks: Authorizes a State Police-approved tow list and certain background checks; permits local government tow lists.
- Fees, Storage, Access, Information Requests: Sets authority for fees, storage time accounting, access to vehicles, fees for information requests, and creation of an Abandoned Vehicle Trust Account.
- Uniformity & Preemption: Directs statewide consistency and preemption over local conflicting rules.
Who Is Affected
- Vehicle owners and registered owners, lienholders, tow companies, law enforcement agencies, private property owners (commercial and non‑commercial), local governments, and ITD.
Procedural Timeline Highlights
- Introduced Feb 7, 2025; passed through House and Senate with amendments in March 2025; enrolled and sent to Governor; signed March 31, 2025.
- New law becomes effective Jan 1, 2026.
For further details, see new Chapter 18 (49‑1801 through relevant sections) in Title 49, Idaho Code, as enacted by H 174 (Session Law Ch. 218).
