2025 Delaware Code
Title 21 - Motor Vehicles
Chapter 69A. Removal of Motor Vehicles from Private or Public Property Without Consent of the Motor Vehicle Owner or Operator
§ 6903A. Pre-towing requirements.
(a) Prior to towing a motor vehicle from a private or public parking area, a person employed by, contracted by, or otherwise preparing to tow a motor vehicle on behalf of a private tow company must do the following:
(1) Ensure that the parking area has posted 1 or more signs in accordance with § 6904A of this title.
(2) Photograph the motor vehicle in a manner that clearly documents the unauthorized parking of the motor vehicle.
(3) Obtain a prior written authorization from the owner of the private parking area to tow the motor vehicle if the towing will take place from a private parking area during a time when the parking area is held open to the general public for parking. The prior written authorization may be conveyed electronically and must include all of the following:
a. The name of the person authorizing the tow.
b. A phone number and email address at which the person authorizing the tow can be reached during normal business hours.
c. The date and time the tow was authorized.
d. The signature of the person authorizing the tow.
(b) Photographs and documentation required by this section must be maintained in the records of the private tow company and be made available for inspection upon request for a minimum of 2 years from the date of the nonconsensual tow.
(c) The photographs and documentation required by this section must be provided to the owner or operator of the motor vehicle upon request and without any charge to the owner or operator of the motor vehicle. The photographs and documentation must be provided to the owner or operator of the motor vehicle by email or other equally-convenient electronic means if the owner or operator of the motor vehicle requests electronic copies of the photographs and documents.
85 Del. Laws, c. 226, § 1;
