Conn. Gen. Stat. § 14-145: Towing motor vehicle from private property. Written authorization. Prohibition re issuance of parking citation. Exemption. Regulations. Penalty.

(a) For the purposes of this section, “motor vehicle” does not include an authorized emergency vehicle.

(b) (1) An owner or lessee of private property, or such owner or lessee's agent, may utilize a wrecker service to tow any motor vehicle left without authorization on such private property in accordance with the provisions of this section, sections 14-145a, 14-145c and 14-145e, provided such owner or lessee, or such owner or lessee's agent, signs or electronically signs a written authorization form for each such tow. Such written authorization form shall be prescribed by the Commissioner of Motor Vehicles and shall include, but need not be limited to, (A) the make, model, vehicle identification number and number plate of the motor vehicle to be towed, (B) the reason for the tow, (C) the name, job title, residential or business address and telephone number of the owner, lessee or agent authorizing the tow, (D) the date and time that such authorization to tow was given, (E) confirmation that conspicuous signage, if required pursuant to the provisions of section 14-145e, is installed, (F) in cases where (i) a wrecker service, acting as an agent on behalf of the owner or lessee of private property pursuant to a written contract, signs or electronically signs the written authorization form to tow a motor vehicle, and (ii) the reason for such tow is a violation of a parking rule established by such owner or lessee and listed in such contract, a copy of the portion of such contract that lists each parking rule established, and (G) a certification, signed under penalty of false statement pursuant to section 53a-157b, that the statements made are true and correct to the best of such person's knowledge, information and belief.

(2) No owner or lessee of private property, or such owner or lessee's agent, shall (A) issue a parking citation by written warning, posted signage or other means to impose a monetary sanction on an owner of a motor vehicle parked on such private property, or (B) render a motor vehicle on such private property immovable through the use of a wheel-locking device. The provisions of this subdivision shall not apply to an independent institution of higher education, as defined in subsection (a) of section 10a-173, or a private secondary school.

(c) (1) No wrecker service may act as an agent of the owner or lessee of a private property with the authority to sign or electronically sign the written authorization form to tow a motor vehicle from such private property, unless such wrecker service and the owner or lessee have executed a written contract concerning the provision of general towing services on such private property. If any such contract is executed, a wrecker service may sign or electrically sign the written authorization form to tow a motor vehicle from such private property that is left (A) in a space reserved, as required in section 14-253a, for exclusive use by persons who are blind and persons with disabilities and such vehicle does not bear a removable windshield placard or special license plate, as defined in section 14-253a, (B) in an area reserved for authorized emergency vehicles, (C) within ten feet of a fire hydrant, as provided in section 14-251, (D) blocking building access, (E) blocking entry to or exit from such property or a parking space on such property, (F) in or obstructing a vehicular traffic aisle, or (G) leaking a fluid that presents a hazard or threat. Any such contract may also permit the wrecker service to tow a motor vehicle from such private property for violating specific parking rules established by the owner or lessee, provided (i) such parking rules are listed in the contract, and (ii) the purpose of any such parking rule is to promote the convenience, safety or welfare of motor vehicle operators on the private property, preserve the private property from abuse or make a fair distribution of parking resources.

(2) No owner or lessee of a parking facility or residential parking facility, as such terms are defined in section 14-145e, or such owner or lessee's agent, shall authorize the towing of a motor vehicle in such parking facility or residential parking facility solely because the vehicle has an expired registration in violation of section 14-12, unless such owner, lessee or agent affixes a written notice to such motor vehicle at least fourteen days prior to towing such vehicle. Any such notice shall (A) state that the motor vehicle has an expired registration in violation of section 14-12, (B) state that the motor vehicle will be towed from the parking facility or residential parking facility without the consent of the owner or operator of the motor vehicle if the motor vehicle remains at or returns to the parking facility or residential parking facility not later than fourteen days after the day the notice was affixed to the motor vehicle and such motor vehicle still has an expired registration, (C) indicate the time and date after which the motor vehicle may be towed from such private property if the motor vehicle still has an expired registration, (D) indicate the time and date when the notice is affixed to the motor vehicle, and (E) be affixed to the motor vehicle at a conspicuous location on the windshield nearest the operator's side.

(3) No owner or lessee of a residential parking facility, or such owner or lessee's agent, shall authorize the towing of a motor vehicle on such residential parking facility solely because the permit to park at such residential parking facility issued by such owner, lessee or agent has expired, unless such owner, lessee or agent affixes a written notice to such motor vehicle at least seventy-two hours prior to towing such vehicle. Any such notice shall (A) state that the permit to park at such residential parking facility issued by the owner, lessee or agent has expired, (B) state that the motor vehicle will be towed from the residential parking facility without the consent of the owner or operator of the motor vehicle if the motor vehicle remains at or returns to the residential parking facility without a valid permit issued by the owner, lessee or agent not later than seventy-two hours after the time the notice was affixed to the motor vehicle, (C) indicate the time after which the motor vehicle may be towed from such private property if the motor vehicle does not have a valid permit, (D) indicate the time when the notice is affixed to the motor vehicle, and (E) be affixed to the motor vehicle at a conspicuous location on the windshield nearest the operator's side. The provisions of this subdivision shall not apply to a motor vehicle with a temporary or visitor permit to park at such residential parking facility issued by such owner, lessee or agent, provided any such temporary or visitor permit clearly states the expiration of such permit.

(d) (1) Before a wrecker service connects a wrecker to a motor vehicle without the consent of the motor vehicle's owner or operator, the wrecker service shall take at least two photographs of the motor vehicle that are of sufficient resolution to clearly show the reason for towing such motor vehicle and the condition of such motor vehicle.

(2) (A) Upon request by the owner or operator of a towed motor vehicle, or such owner or operator's agent, the lienholder of the towed motor vehicle or the insurance company acting on behalf of the owner of the towed motor vehicle, the wrecker service shall provide, at no cost, (i) a copy of the written authorization form described in subsection (b) of this section, and (ii) copies of the photographs taken pursuant to subdivision (1) of this subsection.

(B) A rebuttable presumption that a wrecker service did not have authorization to tow is created by evidence that the wrecker service failed to provide a copy of such written authorization form. A rebuttable presumption that a wrecker service damaged a motor vehicle is created by evidence that the wrecker service failed to provide photographs of the motor vehicle's condition upon request by such owner, operator, agent, lienholder or insurance company and the motor vehicle has suffered damage. A rebuttable presumption that the tow was performed in violation of the provisions of this section is created by evidence that a wrecker service failed to provide a photograph that shows the reason for towing such motor vehicle.

(e) (1) If the owner or operator of a motor vehicle returns to the motor vehicle that has not yet been connected to a wrecker, the wrecker service shall stop preparations to tow the motor vehicle and inform the owner or operator that if such owner or operator moves the motor vehicle or rectifies the reason for the tow, the wrecker service will not tow such motor vehicle and will not charge a fee to the owner or operator.

(2) If the owner or operator of a motor vehicle returns to the motor vehicle that has been connected to a wrecker, but has not yet been removed from the private property, the wrecker service shall stop preparations to tow the motor vehicle and inform the owner or operator that the wrecker service will release the motor vehicle upon payment of a drop fee, as established by the Commissioner of Motor Vehicles in accordance with section 14-66d. The wrecker service shall accept payment of such drop fee by cash or credit or debit card, provide a receipt to such owner or operator and immediately release the motor vehicle upon receipt of such payment. If such owner or operator does not pay such drop fee, the wrecker service shall proceed with the tow and provide a copy of the consumer bill of rights regarding towing developed pursuant to section 14-66g to such owner or operator.

(f) (1) (A) Not later than two hours after an unauthorized motor vehicle is towed or otherwise removed by a wrecker service, or a repossessed motor vehicle is towed or otherwise removed by a wrecker service or an exempt entity, as described in subsection (g) of section 14-66, the wrecker service or the exempt entity shall notify the local police department or resident state trooper serving the municipality where the tow or removal was conducted and specify the time the motor vehicle was towed or removed, the location from which the vehicle was removed and the location at which the vehicle is stored. Such notification shall be submitted, in writing, or transmitted by facsimile or electronic mail and the record of such notification shall be retained by such wrecker service or exempt entity in accordance with the provisions of section 14-66b. No such wrecker service or exempt entity may charge a storage fee for an unauthorized or repossessed motor vehicle for the time it is stored prior to notification of the local police department or resident state trooper by the wrecker service or exempt entity.

(B) If such motor vehicle remains unclaimed forty-eight hours after the notification pursuant to subparagraph (A) of this subdivision, the wrecker service or owner of the garage where such motor vehicle is stored or the exempt entity shall immediately complete a notice of such tow, on a form prescribed by the Commissioner of Motor Vehicles, and mail a copy of such form by certified mail, return receipt requested, to the owner and all lienholders of record. If the motor vehicle is not claimed by its owner within the time periods specified in subsection (b) of section 14-150c, the wrecker service or owner of the garage where such motor vehicle is stored or the exempt entity may dispose of such motor vehicle in accordance with the provisions of section 14-150c.

(2) The local police department or resident state trooper, not later than forty-eight hours after receiving notification of a tow or removal of an unauthorized motor vehicle pursuant to subdivision (1) of this subsection, shall enter the vehicle identification number into the National Crime Information Center database and the Connecticut On-Line Law Enforcement Communications Teleprocessing System to determine whether such motor vehicle has been reported as stolen. If such motor vehicle has been reported as stolen, the local police department or resident state trooper shall immediately notify the department that reported the vehicle as stolen.

(g) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, (1) specifying the circumstances under which title to any motor vehicle towed or stored, or both, under this section may be transferred to any wrecker service or person, firm or corporation storing such vehicle, and (2) establishing the procedure whereby such wrecker service or person, firm or corporation may obtain title to such motor vehicle.

(h) Any person who violates any provision of this section shall, for a first offense, be deemed to have committed an infraction and be fined fifty dollars, and, for each subsequent offense, shall be fined not less than fifty dollars and not more than one hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned.

(i) Except as provided in subsection (f) of this section, the provisions of this section shall not apply to (1) a motor vehicle towed with the consent of the owner or operator, or (2) a motor vehicle subject to repossession.

(j) Nothing in this section shall be construed to limit the right of a municipality or the state to remove an abandoned motor vehicle in accordance with the provisions of section 14-150.