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By Jeanette Rash, Legislative Chair, Texas Towing & Storage Association
1. TDLR – Form A — "Affidavit of Right of Possession" (PRINT)
This form is specific to a family member that is retrieving a vehicle. This form should be notarized and filled out properly. It is for use by ONLY a family member. No other documentation needs to be with this for release of the vehicle. A signed fax copy or email copy with signature should be sufficient as long as form is filed out completely. There "is" no need to secure any other documentation from the person except their driver's license.
2. TDLR – Form B — "Proof of Loss Form by Insurance Company" (PRINT)
This form is for the adjuster or appraiser that comes to the vehicle storage facility to appraise a vehicle. The person should fill out the form for the VSF to retain. This form is NOT the form to release the vehicle. The form should be completely filled out. Note- "This form is not a substitute for the Notice of Right of Salvage form" at the bottom of this form. A signed fax copy or email copy with signature should be sufficient as long as form is filed out completely
3. TDLR – Form C — "Notice of Right of Possession for Salvage" (PRINT)
This form is the form that takes the place of the old ROP. The form should be completely filled out and brought to the VSF at the time the salvage pool tow truck is picking up the vehicle. A signed fax copy or email copy with signature should be sufficient as long as form is filed out completely. (Note-This form was improved with information in block form which makes it easier to fill out.)
4. TDLR – Form D- "Specific Power of Attorney — Retrieval of Motor Vehicle" (PRINT)
This form is for the "owner" of the vehicle. The person that signs it has to be the owner and the form must be filed out and notarized. A signed fax copy or email copy with notarized signature should be sufficient as long as form is filed out completely. This form can be used by the "owner" to release a vehicle to the tow truck that they choose or the person they choose. This is an additional form for an owner to use to allow someone to retrieve their vehicle.
5. TDLR – Form E – "Specific Power of Attorney – Retrieval of Motor Vehicle by Lien Holder" (PRINT)
This form is in addition to the VTR-264 TX DOT "Affidavit for Repossessed Motor Vehicle" that is to be used by a lien holder who is retrieving a vehicle. This form allows the lien holder to designate the tow company to come and pick up the vehicle with the Affidavit for Repossessed Motor Vehicle Form. A signed fax copy or email copy with notarized signature should be sufficient as long as form is filed out completely.
Summary
All of the above forms are considered government documents and if they are filled out fraudulently then that is a crime and should be reported to TDLR and other law enforcement agencies. The forms once put into use should make it easier on everyone. An owner can release their vehicle to anyone that they chose at the VSF without any form if they have shown the proper proof of ownership and sign to release the vehicle.
An owner may release his/her vehicle to anyone he/she wants by showing proof at the VSF and signing a release to the tow company without any of these forms.
This is new to all of us and some changes may need to be made as the forms are used but I ask that everyone give the forms a chance. We asked for the changes in forms and in the day-to-day operation of a tow company and VSF, forms are an important tool with which to do business and keep everyone honest. The forms are to protect the public’s vehicles that are in our custody. Be REASONABLE!!
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