NMSA §66-3-118 / §65-5-1 Tow Operator Compliance Defense
Non-consent tows in New Mexico are regulated by NMSA §65-5-1 et seq. (Motor Carrier Act) and the Public Regulation Commission rules at 18.3.14 NMAC. Requirements: (1) the tow operator must be PRC-licensed, (2) rates may not exceed PRC maximums (currently approximately $135 light-duty hookup + $30/day storage), (3) the operator must accept credit cards (NMAC 18.3.14.10), (4) the property owner authorization must be in writing, and (5) law enforcement must be notified within 30 minutes. Albuquerque adds ROA §11-1-1 et seq. requirements including bilingual signage at every entrance. Violation entitles the vehicle owner to refund + statutory damages under NMSA §57-12-10.
Legal basis
NMSA §65-5-1 et seq.; 18.3.14 NMAC; ROA Albuquerque §11-1-1; NMSA §57-12-1 et seq.
Sample appeal wording
[Tow Operator Name] [Address] CC: NM Public Regulation Commission, Transportation Division RE: Demand for Refund – Unlawful Tow on [DATE] My vehicle was towed from [ADDRESS] on [DATE]. The tow violates NMSA §65-5-1 et seq. and 18.3.14 NMAC because: 1. Fees of $[AMOUNT] exceed the PRC maximum of approximately $135 hookup + $30/day storage. 2. [Signage at the entrance was absent / not bilingual / failed to list the operator's name and 24-hour phone]. 3. [Credit-card payment was refused, contrary to 18.3.14.10 NMAC]. 4. [No record of law enforcement notification within 30 minutes]. I demand a full refund within 14 days. If not received I will (a) file complaint with the PRC, (b) sue in [METRO COURT] for refund, statutory damages under NMSA §57-12-10, and attorney fees. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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