Introduction

The towing of cars by law enforcement from private property is a complex legal issue that varies significantly depending on the circumstances. Understanding when and how a car may be towed from private property is crucial for citizens to know their rights and responsibilities. This guide aims to clarify the process and the roles of police officers in relation to privately-owned properties.

Who Can Tow a Car and Why?

The police generally do not tow cars from private property unless there is a compelling reason, such as the car being parked in a ‘no parking’ zone, being an immediate hazard, or the owner denying access to their vehicle. Other times, the towing might be carried out by the property owner, such as a parking lot owner, particularly if there is a complaint regarding expired registration or inspection.

Property and Car Ownership

The situation changes when the car is owned by the person whose property is being guarded. In such cases, if a car is being towed from a private driveway, the police still may intervene, especially if the car is parked improperly or poses an immediate hazard. However, they typically do not require a prior warning, as the driveway closest to the street is considered public property, even if it's owned privately. The police often handle such cases with discretion, considering the value of the vehicle and the likelihood of it being stolen or vandalized before deciding to tow it.

Legal Rights and Process

When a car is towed, the officer is required to file an impound report, which explains the reason for the tow. Often, a red notice is placed on the car advising the owner to remove the vehicle within a specific timeframe, usually 48 hours, to avoid further action. This notice can significantly affect the owner's decision to either move the car or contest the tow.

Assumptions and Discretion

In cases where the police cannot immediately determine the owner of the vehicle, they may assume ownership by the property owner. This assumption can lead to towing unless promptly challenged. For instance, my former employer would post a notice on the car for 48 hours and file an impound report, reflecting the reason for the tow. They relied on the assumption that the property owner would either rectify the offense or retrieve the vehicle before the deadline, but this was based on discretion and could vary with different circumstances.

Conclusion

Understanding the legal procedures and rights when a police officer or property owner may tow a car from private property is essential for every citizen to protect their property and ensure proper legal procedures are followed. Whether it's a public parking lot or a private driveway, the handling of such cases depends on the specific circumstances and local laws.