Idaho Towing Laws: Notice, Fees, and How to Contest

Idaho’s towing laws sit in Title 49, Chapter 18 of the Idaho Code, and a major overhaul took effect January 1, 2026. The current framework spells out when a vehicle can be towed, how quickly owners must be notified through a new statewide portal, what tow and storage companies are allowed to charge, and how to fight a tow you believe was improper. Storage fees are now capped at 60 days, and rates must be filed with the state.

When a Vehicle Can Be Legally Towed in Idaho

Law enforcement can order a tow in a range of situations under Section 49-1804: after an accident, following an arrest, or under extraordinary circumstances such as a vehicle blocking an emergency scene. Section 49-1805 covers vehicles left on the shoulder or right-of-way of a public road. Any tow requested or directed by a law enforcement agency is treated as a law enforcement-directed tow, and the full Chapter 18 framework applies.¹

Abandonment itself is illegal under Section 49-1801, and Section 49-1802 presumes the last registered owner is responsible. Fail to reclaim a car towed as abandoned or under extraordinary circumstances within seven days, and you are guilty of a traffic infraction and liable for removal, storage, and disposition costs, less any amount recovered from a sale.¹

Private Property Tows

Section 49-1806 splits private property into two categories with different rules.² On commercial property, such as a parking lot or shopping center, the owner or manager can have an unauthorized vehicle towed or booted only if a sign is posted in a clearly visible spot on or near the property. The sign must be in large print, warn that unauthorized vehicles will be removed or booted at the owner’s expense, and name the towing company. Without that signage, the tow is not authorized.

On non-commercial property such as a private residence, an owner can still have an abandoned vehicle removed without posted signage, but the tow company has to get a signed release form identifying the person in control of the property, describing the vehicle, and putting responsibility for ordering the removal on that person.²

One rule catches many people off guard. A vehicle cannot be towed solely because its registration is expired or its plates are improper. Expired tags alone are not a lawful basis for removal under Chapter 18.²

How You Get Notified

The 2026 reforms replaced most of the paper-based notification system with an electronic portal run by the Idaho Transportation Department. Under the revised Section 49-1807, tow companies must report every tow into that portal within one business day, excluding weekends and holidays.³ The department then handles notification to the owner and lienholder.

If you have opted into electronic notifications, the department sends an electronic notice within one business day of the tow being reported. A second notice goes out by first-class mail if the vehicle is not claimed within five business days, and a third mailed notice follows after 15 business days. If you have not opted in, the department mails a first-class notice within one business day of the report and a second mailed notice if the vehicle remains unclaimed after 10 business days.³

What Tow Companies Can Charge

Under the revised Section 49-1814, tow companies must file their rate sheets with the Idaho Transportation Department for law enforcement-directed tows, post those rates at their place of business, and provide them to any consumer who asks.³

Two rules protect owners directly. Fees cannot vary based on the value of the vehicle, so a new SUV cannot be charged more than an old sedan for the same tow. And any charge that exceeds what is on the filed rate sheet is deemed excessive by statute.³

Storage fees have a hard 60-day ceiling from the date of the tow. After that, no additional storage charges can accumulate. The statute also ties storage fees to prompt reporting: if the company logs the tow in the portal within one business day, storage fees can run from the tow date. If it misses that window, storage fees cannot start until the tow is actually entered.³ Ask to see the rate sheet before you pay, and check the report date against the date storage began.

How to Contest a Tow

Idaho gives vehicle owners a formal way to challenge a tow. Under Section 49-1808, you can file a declaration of opposition, which triggers your right to a tow procedure hearing under Section 49-1809. Notices sent through the portal system must inform you of that right.

The strongest arguments turn on whether the towing company or property owner followed the statute. For a private commercial lot, that means checking whether a compliant sign was posted at the time of the tow. For non-commercial property, it means asking whether a valid release form was signed. If either was missing, the tow was not authorized under Section 49-1806.²

For law enforcement-directed tows, fee disputes have real teeth. Charges above the filed rate sheet are excessive by statute. Storage fees that began accruing before the tow was reported in the portal, when the report was late, should not have been charged.³ And if the only reason your car was towed was expired registration, Section 49-1806 gives you a direct statutory defense.²

If You Don’t Claim the Vehicle

Under Section 49-1811, an unclaimed vehicle can be sold once the statutory notice periods have run and neither the owner nor a lienholder has come forward. The sale is conducted under the direction of an appropriate government agency, which must confirm that every Chapter 18 prerequisite has been met. The department then issues a new certificate of title to the purchaser, noting that the vehicle was sold as abandoned and ownerless. Sale proceeds are applied to the outstanding towing and storage costs, and under Section 49-1802 the original owner remains on the hook for any shortfall.¹

Special Rule for Active-Duty Service Members

If you or your spouse is on active duty, federal law overrides the state process. Under the Servicemembers Civil Relief Act at 50 U.S.C. § 3958, no one holding a storage lien on a service member’s property can foreclose on or enforce that lien during military service and for 90 days after without first obtaining a court order. The statute defines “lien” broadly to include liens for storage, repair, or cleaning of the property, which covers a towing company’s possessory lien for storage fees. A court can stay the proceedings or adjust the obligation if military service materially affects the member’s ability to pay. Violating the protection is a federal misdemeanor punishable by a fine, up to one year of imprisonment, or both.⁴

1
Idaho State Legislature. Idaho Code 49-1802 – Presumed Responsibility
2
Idaho State Legislature. Idaho Code 49-1806 – Removal or Booting of Unauthorized and Abandoned Vehicles From Real Property
3
Idaho State Legislature. Idaho House Bill 174 – Towing and Storage of Motor Vehicles
4
Office of the Law Revision Counsel. 50 USC 3958 – Enforcement of Storage Liens