"Subject to towing" signs required in MA or just urban legend?

[Rich Carreiro]

In MA, can cars be towed from private property in the absence of a
"Subject to Towing" or "Tow Zone" sign that lists the towing company's
contact info? Or is the alleged requirement for such a sign just an
urban legend and a plain old "No parking" or "Parking for customers
only" sign is sufficient to enable towing?

[Pete from Boston]

Post by Rich Carreiro
In MA, can cars be towed from private property in the absence of a
"Subject to Towing" or "Tow Zone" sign that lists the towing company's
contact info?  Or is the alleged requirement for such a sign just an
urban legend and a plain old "No parking" or "Parking for customers
only" sign is sufficient to enable towing?

Is there any requirement for towing someone off private property?
Does the law regard no sign as implicit parking-ok, or parking-
prohibited?

[Garrett Wollman]

Post by Pete from Boston
Is there any requirement for towing someone off private property?

Yes. The property owner (or authorized agent -- usually the tow
company) must notify the local police department that the vehicle has
been towed, and to where, so that when the owner calls it in stolen,
they can tell the owner that it was just towed, and where to go to get
it back.

-GAWollman

[Jimmy]

Post by Rich Carreiro
In MA, can cars be towed from private property in the absence of a
"Subject to Towing" or "Tow Zone" sign that lists the towing company's
contact info?  Or is the alleged requirement for such a sign just an
urban legend and a plain old "No parking" or "Parking for customers
only" sign is sufficient to enable towing?

See MGL 266-120D, http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section120d
.

For someone to tow your car from private property, you must be
"forbidden so to park or stand, either directly or by posted
notice".

I'd say that means a "parking for customers only" sign is good
enough. It doesn't have to include the words "subject to towing" or
"tow zone", and it doesn't have to include the tow company's contact
info.

But the tow company does have to tell the local police their name and
address before they actually tow the car.

Common sense says you can't park in someone else's single-family-house
driveway without explicit permission, but this law doesn't say
anything about that. Does that mean all unposted driveways are fair
game?

Jimmy

[Elmer]

Post by Rich Carreiro
In MA, can cars be towed from private property in the absence of a
"Subject to Towing" or "Tow Zone" sign that lists the towing company's
contact info?  Or is the alleged requirement for such a sign just an
urban legend and a plain old "No parking" or "Parking for customers
only" sign is sufficient to enable towing?
--

In my experience, towing companies do as they please; it's up to the
unfortunate owner (whose vehicle was taken hostage) to sort out the
problems later. If you received an unfair parking ticket in
conjunction with the tow, there's a chance you might get that
dismissed, but you'll never get reimbursed for improper towing
charges.

Elmer

[Leonard's ARP]

Post by Rich Carreiro
In MA, can cars be towed from private property in the absence of a
"Subject to Towing" or "Tow Zone" sign that lists the towing company's
contact info? Or is the alleged requirement for such a sign just an
urban legend and a plain old "No parking" or "Parking for customers
only" sign is sufficient to enable towing?
--

Simply, yes they may be towed without any signage as parking legally is the responsibility of the driver.

In more detail:

In Massachusetts, it is up to the driver of the vehicle to know whether or not they are parked legally or not. Not knowing is a gamble and gambles have risks. Towing companies not only have to report to the local police department, but they also have to be certified by the Massachusetts Department of Public Utilities (DPU) and must register those trucks used for DPU approved activities each year, and adhere to the rules and pricing structure set forth by the DPU.

Since the responsibility to park legally is on the driver, and not on the property owner, there is no requirement for any signage of any kind. Signage may make things easier for those persons looking for their missing vehicle, but that is also why these towed vehicles must be registered immediately with the local police department.

The tow must be ordered by an authorized tenant, property manager, property owner, or other authorized agent of the property manager, to which this person must sign a form approved by the local police department. This also leaves the towing company as not being liable for any legal ramifications of the tow itself, as those legal responsibilities are absorbed by the person signing the form.