ATC Towing
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Thank you for confirming what I suspected, and the legal information. My attorney is already drafting the papers for what they did to my daughter's car. These people are horrible. I just don't understand how the city lets them operate. They are trash.

No only are these people a blackeye on our community, what they are doing is breaking the law. I intend to follow this up to the letter of the law. I think it is unbelievable what they are getting away with. It amounts to legalized theift and our publicly elected officials should put a stop to it and revoke there license. See below the statues and opinions of our state officials.

4. No particular wording is required by Tenn. Code Ann. § [protected](b) to appear in the landlord’s posted signs announcing the landlord’s parking rules. Any sign giving reasonable notice of the landlord’s parking rules will suffice.

5. Tenn. Code Ann. § [protected](a) prohibits a landlord from using a clause in a lease to circumvent the requirement that signs be posted in parking areas before a landlord may immediately tow vehicles that are parked in violation of the landlord’s parking policy. Tenn. Code Ann. § [protected].

3 A landlord may also tow a vehicle ten days after posting notice on the vehicle if the vehicle has flat or missing tires, is not operational, has a missing or broken windshield, is missing any fenders or bumpers, or has been out of compliance with state and local vehicle tag registration for more than thirty days. Tenn. Code Ann. § [protected]. A landlord can tow a “nuisance vehicle” 24 hours after posting notice on the vehicle. Tenn. Code Ann. § [protected].

Tenn. Code Ann. § [protected](a) prohibits the use of rental agreements to waive or forego rights or remedies that are afforded by the Act. Tenn Code Ann § [protected] sets out the conditions under which a landlord may resort to the towing of an automobile as a remedy for violation of the landlord’s parking rules. Any attempt to use a lease term to waive the signage posting requirements or otherwise modify the statutory remedies would violate Tenn. Code Ann. §§ [protected](a) and [protected] and would therefore be ineffective.

September 19, 2000
Opinion No. 00-144
Authorization by private property owners to tow or store vehicles
QUESTIONS
1. Does Tenn. Code Ann. § [protected] allow the “owner of private property” to give a “blanket
authorization” to tow or to store vehicles, or does the statute require an “individualized authorization” for
each vehicle to be towed or stored, i.e., “an express written authorization for towing and storage of each
vehicle”?
2. May a property manager (or similarly situated person) or lessee confer the requisite
authorization to tow or to store a vehicle pursuant to Tenn. Code Ann. § [protected]?
OPINIONS
1. The statute does not allow a blanket authorization; it requires an express written authorization
for each vehicle.
2. No.
ANALYSIS
This opinion addresses the interpretation of Tenn. Code Ann. § [protected], which is part of a
statutory scheme for the disposition of unclaimed or abandoned vehicles. The statute provides:
(a) Notwithstanding any other provision of this part or of title 66, chapter 19, part 1, in
order for a garagekeeper or a towing firm to tow or to store a vehicle the garagekeeper
or towing firm shall obtain an express written authorization for towing and storage of each
vehicle from a law enforcement officer with appropriate jurisdiction, or from the owner of
the vehicle, or from the owner of the private property from which the vehicle is to be
towed. Such authorization shall include all of the information required by § [protected](d).
In addition to any other penalty provided by this part or by title 66, chapter 19, part 1, a
violation of the provisions of this section is a Class C misdemeanor.
Page 2
(b) The provisions of this section and § [protected](a) do not apply to new or used motor
vehicle dealers licensed under chapter 17 of this title.
1. The first question is whether a property owner may give a “blanket authorization” to a
garagekeeper or towing firm to tow or store vehicles, or whether the statute requires an “individualized
authorization” for each vehicle concerned. We think the statute contemplates the latter. As we understand
a “blanket authorization, ” it would allow a private property owner to give a one-time authorization to tow
or to store all vehicles. Had the legislature intended to allow a one-time authorization for all vehicles, it
could have used such language. Instead, every time the statute mentions the word “vehicle, ” it is preceded
either by the specific, definite adjective or article “each, ” “a, ” or “the, ” all of which indicate the importance
of having individual authorizations for each vehicle. This conclusion is buttressed by the statute’s
requirement that “[s]uch authorization shall include all of the information required by § [protected](d).” This
provision states:
(d) (1) Any authorization made by a police department to tow a vehicle shall be made in
writing. Such authorization shall include:
(A) The name of the officer giving authorization;
(B) The year, make and model, and color of the vehicle to be towed;
(C) The reason for the tow;
(D) The license plate number, if any; and
(E) The vehicle identification number, if it is ascertainable.
(2) A copy of such authorization shall be posted with the vehicle by the officer giving
authorization, and shall remain with the vehicle until the vehicle is claimed by the owner.
If a garagekeeper or towing firm obtains a written authorization from a property owner — as
opposed to a police officer — the portions of the written authorization that pertain to a police department
would be inapplicable, but a blanket authorization would not contain other information that the statute
indicates should be reflected on a written authorization to tow or store a vehicle, such as the VIN and
license plate numbers, if ascertainable. Accordingly, it is our opinion that Tenn. Code Ann. § [protected]
requires a garagekeeper or towing firm to obtain an express written authorization for each vehicle towed
or stored, and that a “blanket authorization” from a private property owner would not be sufficient under
the terms of the statute.
2. The second question is whether a property manager, similarly situated person, or lessee may
confer the requisite authorization to tow or to store a vehicle pursuant to Tenn. Code Ann. § [protected].
We think the answer is “no.” A rule of statutory construction provides that mention of one subject in a
statute indicates an intent to exclude other subjects that are not mentioned. State v. Harkins, 811 S.W.2d
79, 82 (Tenn. 1991). Part of the definition of an “abandoned motor vehicle” is that it “[h]as remained on
private property without the consent of the owner or person in control of the property for more than
forty-eight (48) hours . . ..” Tenn. Code Ann. § [protected])(D) (emphasis added). But in listing the
Page 3
persons who may authorize a garagekeeper or towing firm to tow or store a vehicle, the legislature used
the series of terms “law enforcement officer, ” “owner of the vehicle, ” or “owner of the private property
from which the vehicle is to be towed.” Because the series does not include “person in control of the
property, ” we think the legislature did not intend for a garagekeeper or towing firm to obtain authorization
to tow or store a vehicle from a property manager, similarly situated person, or lessee. In our opinion,
therefore, Tenn. Code Ann. § [protected] requires a garagekeeper or towing firm to obtain authorization
to tow or store a vehicle from the owner of the private property from which the vehicle is to be towed, as
opposed to a property manager, similarly situated person, or lessee of the property.
PAUL G. SUMMERS
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
GINA J. BARHAM
Deputy Attorney General
Requested by:
Honorable John Arriola
State Representative
17 Legislative Plaza
Nashville, TN [protected]

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
January 19, 2010
Opinion No. 10-04
Written authorization required by Tenn. Code Ann. § [protected](a) to tow vehicle
QUESTION
Does a tow truck driver violate Tenn. Code Ann. ' [protected](a) by hooking a vehicle to his tow truck after an appropriate person under the statute identifies the vehicle to be towed, but before the required written authorization has been completed?
OPINION
A tow truck driver does not violate Tenn. Code Ann. ' [protected](a) if he hooks a vehicle to his tow truck after an appropriate person identifies the vehicle to be towed, but before the written authorization required by the statute is completely filled out, as long as the tow truck driver does not draw or pull the vehicle from its original location until the written authorization has been completed.
ANALYSIS
This opinion addresses the interpretation of Section [protected](a), which is part of a statutory scheme for the disposition of unclaimed or abandoned vehicles. This provision states:
Notwithstanding any other provision of this part or of title 66, chapter 19, part 1, in order for a garagekeeper or a towing firm to tow or to store a vehicle the garagekeeper or towing firm shall obtain an express written authorization for towing and storage of each vehicle from a law enforcement officer with appropriate jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized agent of the owner, of the private property from which the vehicle is to be towed. The authorization shall include all of the information required by ' [protected](d). In addition to any other penalty provided by this part or by title 66, chapter 19, part 1, a violation of the provisions of this section is a Class C misdemeanor.
You state that some tow truck inspectors take the position that the written authorization described above must be completed before a tow truck driver may hook a vehicle to his tow truck. You convey, however, that many tow truck drivers take preliminary steps to hook vehicles to their tow trucks after an appropriate person under the statute identifies a vehicle to be Page 2
towed, but before that person completes the requisite written authorization. Tow truck inspectors who take the position described above are writing citations to tow truck drivers engaging in this practice. You inquire whether a tow truck driver who takes preliminary steps to hook a vehicle to his tow truck after the vehicle has been identified to be towed, but before the requisite written authorization has been completed, is in violation of Tenn. Code Ann. § [protected](a).
The guiding principle of statutory construction is to ascertain and give effect to the intention or purpose of the legislature as expressed in the statute. Westinghouse Electric Corp. v. King, 678 S.W.2d 19, 23 (Tenn. 1984), appeal dismissed, 470 U.S. 1075, 105 S.Ct. 1830, 85 L.Ed.2d 131 (1985). Legislative intent or purpose is to be ascertained primarily from the natural and ordinary meaning of the language used when read in the context of the statute and without any forced or subtle construction to limit the import of the language. Azbill v. Azbill, 661 S.W.2d 682, 686 (Tenn. Ct. App. 1983) (citations omitted). Where the intent of the lawmakers is clear, the court will exercise its ingenuity to give effect thereto. Knoxville Power & Light Co. v. Thompson, 276 S.W. 1050, 1051 (Tenn. 1925). Where this intent is doubtful, the court must be more cautious. Id. This is especially true when a statute is penal in nature.1 Such a statute must be construed strictly in favor of the defendant. Key v. State, 563 S.W.2d 184, 188 (Tenn. 1978); Crowe v. State, 241 S.W.2d 429, 430 (Tenn. 1951); State v. Williams, 623 S.W.2d 121, 124 (Tenn. Cr. App. 1981). Any ambiguity concerning the ambit of a criminal statute should be resolved in favor of lenity. Rewis v. United States, 401 U.S. 808, 812, 91 S.Ct. 1056, 1059, 28 L.Ed.2d 493 (1971) (citing Bell v. United States, 349 U.S. 81, 83, 75 S.Ct. 620, 99 L.Ed. 905 (1955)). Examining Tenn. Code Ann. § [protected](a), the General Assembly does not expressly address when the tow truck driver must obtain the written authorization described therein. The statute simply provides that a towing firm must obtain an express written authorization “to tow” a vehicle. The Merriam-Webster on-line dictionary states that the verb “tow” means “to draw or pull along behind.” Similarly, the American Heritage Dictionary states that “tow” means “to draw or pull along behind by a chain or line.” American Heritage Dictionary, p. 1430 (3d Coll. ed. 1997). These definitions of “tow” embrace movement. Applying the statutory construction principles above, we do not think that a violation of Tenn. Code Ann. § [protected](a) occurs when a tow truck driver takes preliminary steps to hook a vehicle to his tow truck after the vehicle has been identified to be towed, but before the written authorization required by the statute has been completed, assuming that the tow truck driver does not proceed to draw or pull the vehicle from its original location until the written authorization is completely filled out. If a criminal penalty is to result in this instance, we think that intent would have to be made clear. ROBERT E. COOPER, Jr. Attorney General and Reporter
1 As reflected above, one who violates Tenn. Code Ann. § [protected] commits a Class C misdemeanor. Page 3
CHARLES L. LEWIS
Deputy Attorney General
LAURA T. KIDWELL Senior Counsel Requested by:
Honorable Joe M. Haynes
State Senator
G-19 War Memorial Building
Nashville, TN [protected]

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You are here: Experts > Autos > Other Auto Issues > Towing Issues > car towed illegally
Towing Issues - car towed illegally
________________________________________
Expert: Chris Cantrell - 12/3/2009

Question
QUESTION: Yesterday morning at 6:30 AM my car was in the process of being towed from an apartment triplex I was parked at and visiting a friend. Apparently the guy that rents next door, in the triplex, thought he could request for a car to be towed because he didn't like where it was parked. The towing company refused to let my car go unless i had $45 right there. They had no legal authorization to tow it. The landlord of the triplex found out what happened and demanded the towing company bring my car back and the refused to do so.

Is there anyway I can file some kind of lawsuit against the towing company for grand theft along with the man that requested to have it towed.

ANSWER: yes, you do have an issue here, especially if the complex manager is on your side. What state are you in?

---------- FOLLOW-UP ----------

QUESTION: I live in Tennessee. I hope this isn't too late. I just noticed in my email, while deleting old mail, that you answered my question.. Any help would be great. Thanks

ANSWER: I will research Tennessee laws, but you definitely have a case. Give me a few hours and I will write back

---------- FOLLOW-UP ----------

QUESTION: ok thanks!

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Answer
I attached copies of the State of Tenn Atty Gen opinion on towing vehicles. It appears that they must have written/signed authorization as most states do. Hope this will help.

Section [protected] of the Tennessee Code addresses the written authorization required for
towing and storing motor vehicles. This statute, as amended effective June 21, 2007, by 2007 Tenn.
Pub. Acts Ch. 479, provides as follows:
(a) Notwithstanding any other provision of this part or of title 66, chapter 19, part 1,
in order for a garagekeeper or a towing firm to tow or to store a vehicle the
garagekeeper or towing firm shall obtain an express written authorization for towing
and storage of each vehicle from a law enforcement officer with appropriate
jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized
agent of the owner, of the private property from which the vehicle is to be towed.
Such authorization shall include all of the information required by § [protected](d).
In addition to any other penalty provided by this part or by title 66, chapter 19, part
1, a violation of the provisions of this section is a Class C misdemeanor.

Similarly, Tenn. Code Ann. § [protected] addresses the time for towing:
Notwithstanding any provision of law to the contrary, a vehicle may not be towed
without authorization by the owner of the vehicle until twelve (12) hours have
elapsed since it was first observed to be immobile or unattended unless such vehicle
is creating a hazard, such vehicle is blocking access to public or private property, or
such vehicle is parked illegally.

********Accordingly, it is required that Tenn. Code Ann. § [protected]
requires a garagekeeper or towing firm to obtain an express written authorization for each vehicle towed
or stored, and that a “blanket authorization” from a private property owner would not be sufficient under
the terms of the statute.

State v. Harkins

Page 3
persons who may authorize a garagekeeper or towing firm to tow or store a vehicle, the legislature used
the series of terms “law enforcement officer, ” “owner of the vehicle, ” or “owner of the private property
from which the vehicle is to be towed.” Because the series does not include “person in control of the
property, ” we think the legislature did not intend for a garagekeeper or towing firm to obtain authorization
to tow or store a vehicle from a property manager, similarly situated person, or lessee. In our opinion,
therefore, Tenn. Code Ann. § [protected] requires a garagekeeper or towing firm to obtain authorization
to tow or store a vehicle from the owner of the private property from which the vehicle is to be towed, as
opposed to a property manager, similarly situated person, or lessee of the property.
PAUL G. SUMMERS
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
GINA J. BARHAM
Deputy Attorney General
Requested by:
Honorable John Arriola
State Representative
17 Legislative Plaza
Nashville, TN [protected]

towed, but before that person completes the requisite written authorization. Tow truck inspectors who take the position described above are writing citations to tow truck drivers engaging in this practice. You inquire whether a tow truck driver who takes preliminary steps to hook a vehicle to his tow truck after the vehicle has been identified to be towed, but before the requisite written authorization has been completed, is in violation of Tenn. Code Ann. § [protected](a).

(a) Notwithstanding any other provision of this part or of title 66, chapter 19, part 1,
in order for a garagekeeper or a towing firm to tow or to store a vehicle the
garagekeeper or towing firm shall obtain an express written authorization for towing
and storage of each vehicle from a law enforcement officer with appropriate
jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized
agent of the owner, of the private property from which the vehicle is to be towed.
Such authorization shall include all of the information required by § [protected](d).
In addition to any other penalty provided by this part or by title 66, chapter 19, part
1, a violation of the provisions of this section is a Class C misdemeanor.

Accordingly, it is our opinion that the General
Assembly intends Tenn. Code Ann. § [protected] to apply to illegally parked vehicles.
With that said, there does appear to be one part of Tenn. Code Ann. § [protected] that does
not apply to illegally parked vehicles. As mentioned above, Tenn. Code Ann. § [protected] addresses
the time of towing. This provision states that a vehicle cannot be towed without the owner’s consent
until twelve hours have elapsed; however, it dispenses with this requirement if the vehicle is illegally
parked. Thus, it appears that a garagekeeper or towing firm would not be required to obtain
authorization from the owner of an illegally parked vehicle before it tows or stores such a vehicle.
Nevertheless, it would appear that Tenn. Code Ann. § [protected] still requires the garagekeeper or
towing firm to have the authorization of a law enforcement officer or the owner of the private
property from which the vehicle is to be towed, before towing or storing an illegally parked vehicle,
because Tenn. Code Ann. § [protected] only dispenses with the authorization requirement as it
pertains to the owner of the vehicle.

ROBERT E. COOPER, Jr.
Attorney General & Reporter
MICHAEL E. MOORE
Solicitor General
Page 5
LAURA T. KIDWELL
Assistant Attorney General

Scam Artists‎‎
By jk.england - May 22, 2010
This company runs a sleezy boot service. They hide out at apartment complexes and wait for un-suspecting visitors to park in un-marked spaces, and then they attach the boot and demand $75.00 cash to remove it. My wife experienced this first hand, when she attempted to drop our grandaughter at her mothers apartment. She pulled into the space provided for the unit that she was visiting, and took the baby inside. When she returned a couple of minutes later, the boot was attached. I had to leave work in order to deliver the money, and when I drove to the office to complain, they followed and tried to boot me, as well. Unbelievable!‎
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Bad Service and RUDE‎‎
By christopher - May 5, 2010
These people will let you die before they help you. They act like you are bothering them when you need their help. So if you need help dont call these people!‎
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Stay away - unethical people run this...‎‎
By Mike - Apr 20, 2010
These people that operate this company also operate 2 or 3 other tow companies out of the same building. There are people I would not want my worse enemy to have to deal with. They are rude, and practice predatory towing practices. Stay Away!‎
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This company is a SCAM! I am going to file a lawsuit against them, as they put my daughter in danger ! Attached is a picture of the guys, the car, and the plate # so everyone cane be aware and on the look out for these guys.

Tonight My Daughter (and 2 Grandchildren) were at the Loft Apartments and fell pray to these ###. Unfortunatly I will now spend as much time necessary making these people pay for there unlawful actions. Also I feel that it is perpetrated by the management of the apartment clomplex also. Stay tuned for updates.