Ind. Code ch. 5-2-26.1

Ind. Code § 5-2-26.1-1 Definitions

Sec. 1. The definitions in IC 24-14-2 apply throughout this chapter. As added by P.L.227-2025, SEC.1.

Ind. Code § 5-2-26.1-2 Emergency towing; written policy or contract

Sec. 2. A law enforcement agency shall do at least one (1) of the following for emergency towing: (1) Establish a written policy for towing rotations. (2) Enter into a contract. As added by P.L.227-2025, SEC.1.

Ind. Code § 5-2-26.1-3 Written policy or contract; requirements

Sec. 3. (a) This section applies to: (1) a written policy established after June 30, 2025; and (2) a contract entered into, amended, or renewed after June 30, 2025. (b) A written policy or contract required under section 2 of this chapter must include the following, as applicable: (1) The length of time of the contract between the towing company and the law enforcement agency, including renewal periods. (2) Rates for all services, including standby rates. A towing company may include a standard minimum charge of one (1) hour. (3) Rates for storage and the timing for when storage charges begin. (4) The allowable administrative fee for each service and when the fee is applicable. (5) Truck and equipment requirements. (6) Availability of a towing company to respond to calls. (7) Response time requirements. (8) Storage lot requirements. (9) Availability for the owner to pick up the vehicle, including after hours. (10) Access to personal belongings in a vehicle that is in storage. (11) Markup percentages for items or services provided by third parties. (12) A provision that allows the law enforcement agency to suspend or remove a towing company that violates the written policy or contract. (13) A prohibition on charging fees that are not listed under the written policy or contract. (c) Notwithstanding IC 9-22-1-14, and in addition to the requirements under subsection (b), in the case of a contract between a towing company and a local law enforcement agency in a county containing a consolidated city, the contract must provide that a person may park a vehicle that is registered to the person's residence on the street outside the person's residence for not more than seven (7) days before the vehicle is required to be towed. As added by P.L.227-2025, SEC.1.

Ind. Code § 5-2-26.1-4 Unreasonable fees; review for reasonableness

Sec. 4. A law enforcement agency may not use a towing company that charges unreasonable fees as part of its towing rotation. A law enforcement agency must perform a periodic review of a towing company's rates for reasonableness. As added by P.L.227-2025, SEC.1.

Ind. Code § 5-2-26.1-5 Use of towing company outside of towing rotation

Sec. 5. A law enforcement agency may select a towing company outside of its towing rotation if an emergency situation requires the use of a towing company with certain equipment or capacity to adequately respond to the emergency situation. As added by P.L.227-2025, SEC.1.