Most Common Code Violations Found in Inspections of Vehicle Storage Facilities
1. Storage Lot Signs 16 Tex. Admin. Code Ch. 85.1003(d): Failure to have a clearly visible sign in the proper lettering size and color contrast which lists all documents that may be presented to obtain possession of the vehicle, or did not state “Affidavit of Right of Possession Furnished Upon Request.”
2. Notice of Complaint Procedure 16 Tex. Admin. Code Ch. 85.707(a)&(b): Failure to notify the vehicle owner of the department’s website and email address, mailing address, and telephone number, for purposes of directing complaints regarding the vehicle storage to the department. The notice shall be included on a sign prominently displayed to the public at the place of payment, with letters at least one inch in height, and a contrasting background; and the front page of any bill for service.
3. Storage Lot Signs 16 Tex. Admin. Code Ch. 85.1003(e): Failure to conspicuously post a sign that states: "This vehicle storage facility must accept payment by an electronic check, credit card, or debit card for any fee or charge associated with delivery or storage of a vehicle."
4. Impoundment Fee 16 Tex. Admin. Code Ch. 85.722(e): A VSF operator may charge a vehicle owner an Impoundment fee if Impoundment is performed in accordance with these rules. The Impoundment fee may not exceed $20. If the VSF operator charges a fee for Impoundment, the written bill for services must specify the exact services performed for that fee and the dates those services were performed.
5. Reasonable Storage Efforts 16 Tex. Admin. Code Ch. 85.719(a): A VSF operator shall make reasonable efforts necessary for the storage of a vehicle, such as locking doors, rolling up windows, and closing doors, hatchbacks, sunroofs, trunks, hoods, or convertible tops.
6. Storage Lot Signs 16 Tex. Admin. Code Ch. 85.1003(a): Failure to have a clearly visible and readable sign at its main entrance, containing the registered name, address, phone number for release of the vehicle, facility hours and the storage lot’s state license number. Such sign shall have letters at least 2 inches in height, with contrasting background, shall be visible at 10 feet.
7. Storage Lot Signs 16 Tex. Admin. Code Ch. 85.1003(c): Failure to conspicuously place a sign, at the place of payment, stating “Non-Consent Tow Fees Schedules Available on Request.”
8. Storage Lot Signs 16 Tex. Admin. Code Ch. 85.1003(b): The sign shall include all forms of payments the VSF accepts for any charge associated with delivery or storage of a vehicle. The sign must be located so it is clearly visible to a vehicle owner at the place of payment and shall have letters at least 1 inch in height with a contrasting background.
9. Reasonable Storage Efforts 16 Tex. Admin. Code Ch. 85.719(b): Failure to use plastic or canvas tarpaulins to ensure the impoundment of the vehicle.
10. Storage Lot Surface 16 Tex. Admin. Code Ch. 85.1001: All VSFs shall have an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation.
