Arizona Towing Laws: ARS 28-3511 Explained in Plain English

If you own or manage private property in Arizona, understanding ARS 28-3511 is essential. This statute governs when and how vehicles can be towed from private property, what signage is required, and what rights vehicle owners retain throughout the process. Whether you manage an apartment complex, HOA community, or commercial lot in the Phoenix metro area, this guide breaks down the law in straightforward, easy-to-understand language.

What Is ARS 28-3511?

Arizona Revised Statute 28-3511 is the primary law that governs the towing and removal of vehicles from private property in the state of Arizona. It establishes the legal framework that property owners, towing companies, and vehicle owners must follow when a vehicle is parked without authorization on private land. The statute is part of Title 28 (Transportation) of the Arizona Revised Statutes and falls under Chapter 10, which deals with vehicle impoundment.

In practical terms, ARS 28-3511 answers three critical questions: When can a property owner have a vehicle towed? What steps must be taken before and after the tow? And what protections does the vehicle owner have? Understanding these answers is essential for any property owner who wants to enforce parking rules legally and avoid costly disputes.

When Can You Legally Tow a Vehicle from Private Property?

Under ARS 28-3511, a property owner or authorized agent may have a vehicle removed from private property when the vehicle is parked without the owner's or property manager's consent. However, the law imposes specific conditions that must be met before a tow can legally occur. These conditions are designed to balance the property owner's right to control their land with the vehicle owner's right to fair notice.

The key conditions under Arizona law include:

• Proper signage must be posted: Signs warning of towing enforcement must be conspicuously displayed at all entrances to the property before any vehicle can be towed
• Authorization from the property owner: The towing company must have written authorization from the property owner or an authorized representative
• The vehicle must be in violation: The vehicle must actually be violating a posted parking restriction, not simply present on the property
• Law enforcement notification: The towing company must notify local law enforcement within a specified timeframe after removing the vehicle

Signage Requirements Under ARS 28-3511

Signage is one of the most critical components of legal private property towing in Arizona. Without proper signage, a tow may be deemed unlawful, and the property owner or towing company could face liability. ARS 28-3511 sets specific requirements for what these signs must include and where they must be placed.

Arizona law requires that tow-away signs include the following information:

• A clear statement that unauthorized vehicles will be towed at the vehicle owner's expense
• The name and telephone number of the towing company responsible for enforcement
• The address where the towed vehicle can be retrieved
• Signs must be placed at each vehicular entrance to the property
• Signs must be clearly visible and readable, including during nighttime hours

What Happens After a Vehicle Is Towed?

ARS 28-3511 also governs the post-tow process. Once a vehicle has been removed from private property, the towing company is required to take several steps to ensure the vehicle owner is notified and can retrieve their property:

1. 1
   Law Enforcement Notification: The towing company must report the tow to local law enforcement, providing vehicle details including make, model, color, license plate number, and VIN.
2. 2
   Written Notice to Owner: Within a specified number of days, the towing company must send written notice to the registered owner of the vehicle by certified mail, informing them of the tow and the location where the vehicle is stored.
3. 3
   Vehicle Availability: The towed vehicle must be made available for retrieval during reasonable business hours. The storage facility must accept multiple forms of payment.
4. 4
   Personal Property Access: The vehicle owner has the right to retrieve personal belongings from the vehicle without paying the full towing and storage fees, subject to certain conditions.

Vehicle Owner Protections Under ARS 28-3511

While ARS 28-3511 empowers property owners to enforce parking restrictions, it also provides important protections for vehicle owners. These protections exist to prevent abusive towing practices and ensure fairness in the process.

• Right to retrieve before hookup: If the vehicle owner returns before the tow truck has completed the hookup, they have the right to remove the vehicle without charge
• Fee caps: Arizona law limits the fees that towing companies can charge for the initial tow and daily storage
• Dispute rights: Vehicle owners have the right to dispute a tow they believe was unlawful, either through the towing company or through legal channels
• Notification requirements: Vehicle owners must be notified in writing of the tow, including the reason, fees, and how to retrieve the vehicle

Common Mistakes Property Owners Make

Even well-intentioned property owners can run into legal trouble if they do not follow ARS 28-3511 carefully. Here are some of the most common mistakes and how to avoid them:

• Inadequate signage: Missing signs at even one entrance can invalidate the entire towing program
• No written agreement: Towing without a formal written contract between the property owner and towing company
• Retaliatory towing: Targeting specific tenants or vehicle owners as a form of harassment or retaliation
• Using an unlicensed towing company: Only licensed, insured towing companies should perform private property tows

How ARS 28-3511 Connects to Other Arizona Towing Statutes

ARS 28-3511 does not exist in isolation. Several other Arizona statutes work alongside it to create the full legal framework for towing in the state. ARS 28-3511 works in conjunction with ARS 28-4141 through 28-4145, which govern abandoned vehicles and establish the process for claiming a lien on unclaimed vehicles. Additionally, ARS 28-874 addresses parking violations related to fire lanes and accessible spaces, and Phoenix City Code SEC 36-144 adds local requirements specific to the Phoenix metro area.

For property owners, the takeaway is clear: legal compliance requires understanding not just ARS 28-3511 but the broader network of statutes that govern towing, impound, and vehicle removal in Arizona. Working with an experienced, licensed towing partner ensures that every step of the process meets all applicable legal requirements.