New Mexico Towing Laws: Your Rights When Your Car Is Towed
Primary law: NMSA 1978, ch. 65, art. 2A (Motor Carrier Act); 18.3.12 NMAC · Last verified July 2026. General information, not legal advice.
New Mexico regulates nonconsensual towing as a public-utility-style service. Towing companies that haul cars away without the owner's consent must hold operating authority from the New Mexico Public Regulation Commission (PRC), carry required insurance, and display a PRC number on every truck. The PRC's rules in 18.3.12 NMAC govern how and when vehicles may be moved, and the agency actively encourages drivers who believe they were towed or billed improperly to contact it directly.
The strongest protection is on price: the PRC publishes a Statewide Wrecker Tariff that fixes the maximum lawful rates for nonconsensual tows, covering the hookup, per-mile charges, extra equipment or labor, storage, and related services. A tower that charges above tariff rates is violating state regulation. Other common protections, such as a statutory drop fee, a kickback ban, or mandatory credit card acceptance, are not clearly spelled out in state law, so treat those as unsettled.
If your car disappears from a lot in New Mexico, first call local police to confirm it was towed rather than stolen and learn which company has it. Get an itemized invoice before paying and compare every line to the Statewide Wrecker Tariff on the PRC website. If any charge exceeds the tariff, pay to recover the car, keep the receipt, and file an overcharge complaint with the PRC's Transportation Division at 1-888-427-5772.
New Mexico towing rules at a glance
| Non-consent tow fee cap | Yes — The Public Regulation Commission's Statewide Wrecker Tariff sets the maximum rates towing companies may charge for nonconsensual tows, including hookup, mileage, extra labor, and storage. |
| Drop fee (truck still on scene) | Unclear / not verified |
| Kickback ban | Unclear / not verified |
| Warning signage required | Unclear / not verified |
| Notice requirement | Nonconsensual tows must be performed by PRC-authorized carriers displaying a PRC number, with charges billed per the Statewide Wrecker Tariff; owner-notification specifics are set by PRC rule (18.3.12 NMAC). |
| Personal property retrieval | Unclear / not verified |
| Credit cards must be accepted | Unclear / not verified |
| Right to challenge the tow | Unclear / not verified |
| Hold period before sale | unclear |
How to get your car back in New Mexico
- Call the local police non-emergency line to confirm the tow and locate the storage lot.
- Ask the tower for an itemized invoice and its PRC operating number before paying.
- Compare each charge to the PRC Statewide Wrecker Tariff online.
- Pay, keep the receipt, and photograph the vehicle's condition at pickup.
- Report overcharges to the PRC Transportation Division at 1-888-427-5772.
Where to complain about an illegal tow
New Mexico Public Regulation Commission, Transportation Division handles towing complaints in New Mexico. Keep your receipt, photos of any signage (or lack of it), and notes on dates and times — they decide most fee disputes.
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