1. (a) No person may nonconsensually tow a motor vehicle to a storage facility or store such a motor vehicle at a storage facility unless the storage facility meets the following criteria:

   1. (1) The storage facility has a business office open to the public between 8 a.m. and 6 p.m. at least 5 days a week, excluding holidays.
   2. (2) The storage facility is secured and, if it is an outdoor storage facility, lighted from dusk to dawn.
   3. (3) The storage facility allows motor vehicle owners, lessees, lienholders, or persons authorized by such owners, lessees, or lienholders of a nonconsensually-towed motor vehicle, to, at no fee, obtain personal items from a towed motor vehicle during the normal business hours of the storage facility upon a showing of valid identification.
   4. (4) The storage facility accepts as a means of payment all major credit cards and debit cards, or the storage facility has an operating automated teller machine (ATM). An ATM service or access fee must be reasonable.
   5. (5) The storage facility is in compliance with § 6907A of this title.

2. (b) A private tow company must provide reasonable accommodations for after-hours access to and release of stored motor vehicles.

   1. (1) A storage facility must post instructions on how to request after-hours access to or release of a stored motor vehicle in each of the following manners:

      1. a. Outside the private tow company and storage facility’s place of business in a location easily viewable by the general public.
      2. b. Prominently on the private tow company’s or storage facility’s website.
      3. c. In any recorded phone message that members of the public seeking after-hours access to a motor vehicle are likely to hear.
   2. (2) A private tow company or storage facility may charge a maximum fee of $50 for after-hours access to or release of stored motor vehicles.
   3. (3) No private tow company or storage facility may charge storage fees or an after-hour access fee for any portion of a day during which an owner or operator of a motor vehicle is unable to obtain access to and release of the stored motor vehicle during the hours of 8 a.m to 6 p.m. within 90 minutes of following the instructions posted under paragraph (b)(1) of this section

85 Del. Laws, c. 226, § 1