Towing rules for property managers in New Mexico

Printable checklist

• ☐ The hours parking is enforced
• ☐ A warning that unauthorized vehicles will be towed

What the sign law says

Applies to: Private commercial property and apartment complexes

A tow company may not tow from private commercial property or an apartment complex unless visible signs say illegally parked vehicles may be towed. The signs must state the exact hours (start and end times) when a vehicle counts as illegally parked.

18.3.12.14(A)(4)(b) NMAC (opens in a new tab)

The rule does not say where on the lot the signs must stand and sets no size.

Tow-away signs and photos

• A tow company may not tow from private commercial property or an apartment complex unless visible signs say illegally parked vehicles may be towed. The rule does not say where on the lot the signs must stand, and it names only commercial property and apartments. 18.3.12.14(A)(4)(b) NMAC (opens in a new tab)
• The signs must state the exact hours (start and end times) when a vehicle counts as illegally parked. 18.3.12.14(A)(4)(b) NMAC (opens in a new tab)
• Before towing, the company must take digital photos of your car's position on the lot. On commercial property or at an apartment it must also photograph the tow-away signs. Ask for these photos if you dispute the tow. 18.3.12.14(A)(4)(a)-(b) NMAC (opens in a new tab)

Where your car goes

• There is no mileage limit between the tow site and the lot. A company with several lots must take your car to the nearest of its approved storage facilities, and its office must be at or within one mile of the lot. 18.3.12.29, 18.3.12.23(B) NMAC (opens in a new tab)
• Lots used for non-consensual tows must be fenced and locked, or an enclosed locked building, and must have a sign readable from the road with the company name, address and phone. 18.3.12.23(A), (D) NMAC (opens in a new tab)
• For private-property tows, someone must be working at the office during normal business hours (eight hours between 8 am and 5 pm on weekdays, excluding holidays) who can let you inspect the car and collect your property. 18.3.12.23(C)(1), 18.3.12.7(D) NMAC (opens in a new tab)

Sources

• https://www.srca.nm.gov/parts/title18/18.003.0012.html (opens in a new tab)