A tow truck driver spends a shift alone with strangers’ vehicles, roadside motorists, and, on repossession runs, someone else’s property in a driveway. The job combines heavy equipment, public roads, and unsupervised access in a way few other roles do. Because of that mix, towing and recovery employers generally build a screening process around four things: whether the operator or company holds the licenses a state or municipality requires, whether the driver’s license and driving record support the vehicle being operated, whether a criminal history check is appropriate for the access the job involves, and whether the insurance carrier that underwrites the fleet has its own screening conditions. This guide walks through each layer and where the rules come from.
Why towing and recovery work gets extra screening attention
Tow operators are dispatched to crash scenes, private lots, and impound yards, often at night and often before law enforcement has cleared the scene. Repossession assignments add another layer: the operator may be removing a vehicle from a residential driveway without the owner present. Employers weigh this access, along with the vehicle weight classes involved in heavy recovery work, when deciding what to verify before a driver is dispatched solo.
State towing operator and company licensing
Whether a tow truck driver or company needs a state license, and what that license covers, varies by state and sometimes by municipality. There is no single national towing license. Some states regulate towing companies and operators directly, some leave it to city or county ordinance, and some regulate only nonconsensual tows from private property. Employers should confirm the current rule in each jurisdiction where they operate rather than assume one state’s model applies elsewhere.
Two state level examples illustrate how different the frameworks can be. Texas regulates towing operators, towing companies, and vehicle storage facilities under Occupations Code Chapter 2308, which the Texas Department of Licensing and Regulation administers. The chapter separates incident management towing, private property towing, and consent towing into distinct license and permit categories, each with its own training and equipment standards.
California takes a different approach for highway incident response. The California Highway Patrol runs a Rotation Tow Program under Vehicle Code Section 2424, through which the CHP contracts with towing businesses to respond to disabled and collision vehicles on highways it patrols. Drivers listed on a rotation contract must complete CHP recognized tow truck driver training, and the agreement sets equipment and conduct standards for the businesses on the rotation list. This is a contracting and safety program layered on top of, not a replacement for, any separate state or local towing license that may apply.
Because the license landscape is this fragmented, the practical employer step is to verify the specific state and local requirement before dispatch, rather than relying on a general assumption that towing is or is not regulated.
CDL and DOT overlap for heavier wreckers
Light duty tow trucks are usually driven on a standard driver’s license. Heavier wreckers and rotators cross into commercial vehicle rules once weight thresholds are met, and this is where towing overlaps with federal motor carrier law.
Federal Motor Carrier Safety Administration regulations define vehicle weight classes for commercial driver’s license purposes under 49 CFR Part 383. A driver generally needs a Class A CDL when the gross combination weight rating of the tow truck and towed unit is 26,001 pounds or more and the towed unit alone is rated above 10,000 pounds. A Class B CDL generally applies when the tow truck itself is rated at 26,001 pounds or more, whether or not anything is in tow. These thresholds are based on the manufacturer’s rating of the vehicle, not the weight actually being carried on a given call, so a heavy rotator can trigger CDL rules even on a run where it tows nothing.
Once a driver holds a CDL and the vehicle meets the definition of a commercial motor vehicle under 49 CFR 390.5, additional federal rules can apply, including the FMCSA Drug and Alcohol Clearinghouse. Employers of CDL holders are required to query the Clearinghouse before hiring and at least annually afterward, to check for unresolved drug or alcohol program violations. Whether a given towing operation also needs its own USDOT number depends on factors like whether it tows for hire across state lines, which is a determination best made against the current federal definitions rather than assumed either way.
Motor vehicle record checks
Because the job is essentially driving all shift, a current motor vehicle record check is one of the more directly job related screens available. An MVR shows license class, endorsements, restrictions, and moving violations, and it can flag whether a candidate’s license is valid, suspended, or missing the endorsement a heavier wrecker requires. Many towing employers repeat MVR checks periodically rather than only at hire, since a license can be suspended after a driver is already on the roster.
Criminal history checks for roadside and repossession work
Criminal background checks are common for towing and recovery roles because of the access involved, not because the job itself is inherently higher risk. A roadside operator interacts with stranded motorists, sometimes alone at night, and a repossession operator may be on private property recovering a vehicle without the owner present. Employers generally look at criminal history in that context, applying it consistently and in line with any applicable state or local rules on how far back a check may look and how a record may be used in a hiring decision.
Repossession work in particular sometimes carries its own state license requirement separate from towing. California, for example, licenses repossession agencies through the Bureau of Security and Investigative Services, and requires a criminal history check as part of that licensing process for the agency’s qualified manager and other qualifying individuals. Where a state licenses repossession activity this way, the license itself already reflects a background screening step, though an employer may still choose to run its own check as part of hiring.
Insurance carrier requirements
Fleet insurance carriers are often the strictest gatekeeper a towing company deals with, because the underwriter is directly exposed to at fault accidents and cargo claims. Carriers commonly ask for a clean or explainable MVR history, minimum years of experience for certain vehicle classes, and sometimes a criminal history check, as a condition of binding or renewing a policy. For companies that operate as for hire motor carriers under federal jurisdiction, 49 CFR Part 387 sets minimum levels of financial responsibility, with the specific dollar minimum depending on vehicle weight and whether the carrier handles hazardous materials. Whether that federal minimum applies to a given towing operation depends on how the business is classified, so this is worth confirming with a carrier or counsel rather than assumed.
| Check | What it verifies | Typically triggered by |
|---|---|---|
| State or local towing license | Operator and company meet the jurisdiction’s training, equipment, and permit rules | State or municipal towing statute or rotation contract |
| Motor vehicle record (MVR) | License validity, class, endorsements, and moving violation history | Any driving role, heavier for wreckers requiring a CDL class |
| FMCSA Clearinghouse query | Unresolved drug or alcohol program violations for CDL holders | Driver holds a CDL and operates a commercial motor vehicle |
| Criminal history check | Records relevant to unsupervised access to the public and private property | Roadside dispatch and repossession assignments |
| Repossession agency license | Agency and qualifying individuals meet state repossession rules, often including a background check | State licenses repossession activity separately from towing |
FCRA duties when a third party runs the check
When a towing or recovery employer uses a consumer reporting agency to run these checks, the Fair Credit Reporting Act sets out required steps. The employer must provide a standalone disclosure that a background check will be conducted, obtain the applicant’s written authorization, and, if the employer intends to take an adverse action based on the report, send a pre-adverse action notice with a copy of the report and a copy of the Summary of Rights, followed by an adverse action notice after the applicant has had an opportunity to respond. A background check does not show every record in every state the same way, since reporting rules and lookback periods vary by state, and no report can be described as guaranteeing that a disqualifying record does or does not exist.
Frequently asked questions
Does a tow truck driver need a CDL?
It depends on the vehicle’s weight rating. Under federal rules, a CDL is generally required once the tow truck or the tow truck and towed unit combination reaches the gross weight thresholds set out in 49 CFR Part 383, which commonly affects heavier wreckers and rotators rather than light duty tow trucks.
Do all states license tow truck operators the same way?
No. Licensing structures differ significantly by state, and some jurisdictions regulate towing at the city or county level instead of statewide. Employers should confirm the current requirement in each place they operate rather than assume one state’s rules transfer to another.
What shows up on a tow truck driver background check?
It depends on what the employer requests and what is reportable under state law, but common elements include a motor vehicle record, a criminal history check, and, for CDL holders, an FMCSA Clearinghouse query. What is reportable, and for how far back, varies by state.
Does repossession work require a separate license from towing?
In some states, yes. California, for instance, licenses repossession agencies separately through its state security and investigative licensing agency, and that process includes a criminal background check for qualifying individuals. Other states may fold repossession activity into general towing or debt collection rules, so this should be confirmed state by state.
How often should an MVR be checked for an active tow driver?
Practices vary, but many towing employers and their insurance carriers ask for a check at hire and periodically afterward, since a license status or violation history can change while a driver is already on staff. The right cadence is generally set by employer policy and carrier requirements together.
What must an employer do before turning down a tow driver applicant because of a background check?
Under the FCRA, an employer that intends to take an adverse action based on a third party consumer report must first send the applicant a pre-adverse action notice with a copy of the report and the Summary of Rights, then allow a reasonable opportunity to respond before sending a final adverse action notice.
Related reading
Reveal Background helps employers build a screening process that matches the access and driving requirements of a role. Learn more about our background check services.
Sources
- 49 CFR 383.91, Electronic Code of Federal Regulations (commercial vehicle groups and CDL classes)
- 49 CFR 390.5, Electronic Code of Federal Regulations (commercial motor vehicle definitions)
- 49 CFR Part 382 Subpart G, Electronic Code of Federal Regulations (Drug and Alcohol Clearinghouse)
- FMCSA Drug and Alcohol Clearinghouse fact sheet
- 49 CFR Part 387 Subpart A, Electronic Code of Federal Regulations (motor carrier financial responsibility)
- Texas Occupations Code Chapter 2308, Vehicle Towing and Booting
- California Highway Patrol Rotation Tow Program
- California Bureau of Security and Investigative Services, Repossession Agencies
This article is general information for employers, not legal advice. Screening and licensing rules vary by state and locality and change over time, so confirm current requirements with counsel or the relevant licensing agency before making hiring decisions.
