In recent weeks, local towing, booting and wrecker service practices have been the subject of several police reports and criminal investigations.

The Murfreesboro Police Department recently sent a letter to more than 200 businesses in an effort to ensure awareness of and compliance with existing Tennessee laws governing the removal of vehicles from private property.

“It is the goal of the Murfreesboro Police Department to ensure the law regarding towing vehicles is followed,” Chief of Police Glenn Chrisman said. “We are forwarding this information to local companies so as to ensure every company engaged in this type of business is informed on the law and that deviance from the state law may result in criminal charges.”

Tennessee state law requires a written authorization for the towing or storage of any motor vehicle.

State law is clear on who has the authority to have a vehicle removed from private property. Only the police, car’s owner or property owner (or onwer’s agent) can legally tow a vehicle.

No other person has the authority to remove a vehicle from private property.

In 2000, the Tennessee Attorney General was specifically asked whether a property manager could confer the authorization and he answered negatively.

The law was subsequently amended to add the reference to “the authorized agent of the owner.”

This opinion means a property owner can name a property manager to give authorization to tow but that the owner is limited to selecting one agent for this purpose, and that the person from whom the authorization is received cannot be the same as the person who is from the towing firm.

The statute is also clear that the owner (or the owner’s agent) must specifically authorize each tow.

These statutory requirements – for authorization by the owner or the owner’s agent on an individualized basis and the documentation necessary before towing – apply even if the vehicle is illegally parked.