Even if it’s not widely known, tow truck operators and impound lots can be considered authorities for purposes of an amparo lawsuit, even when they are private companies.
Facts:
A person is driving on a federal highway monitored by the National Guard. They are stopped for an alleged violation (speeding, missing documents, lights, etc.).
Without further explanation, the National Guard officer issues a citation, orders the vehicle to be removed, a licensed private tow truck arrives, and the vehicle is taken to the impound lot.
Solution:
AUTHORITY FOR PURPOSES OF THE AMPARO LAWSUIT. A NATURAL OR LEGAL PERSON WHO EXECUTES THE TOWING AND REMOVAL OF A MOTOR VEHICLE TO A STORAGE FACILITY, AS A RESULT OF A CITATION ISSUED BY NATIONAL GUARD PERSONNEL, HAS SUCH CHARACTER.
According to jurisprudence 2a./J. 40/2023 (11a.) of the Second Chamber of the Supreme Court of Justice of the Nation, acts carried out by private parties that are equivalent to those of an authority may be challenged through amparo when they meet the following criteria:
- they perform acts equivalent to those of an authority—that is, they issue, order, execute, or attempt to execute an act unilaterally and mandatorily, or fail to act when required.
- they affect rights by creating, modifying, or extinguishing legal situations; and
- Their functions are established in a general norm that grants them powers to act as a state authority, usually with a degree of discretion.
The mandatory execution of a vehicle-removal order issued by an authority (a National Guard officer), whose actions derive from the regulatory framework that grants them such powers, meets all three criteria.
Vehicle removal is part of a procedure that begins with inspection and detection of irregularities or violations, continues with verbal or written warnings, and ultimately includes towing and transferring the vehicle to a licensed storage facility. The vehicle may only be released once the requirements established in the applicable regulations are met, including payment for the services described in Article 64 of the Regulations on Auxiliary Services for Federal Motor Transport—Towing, Salvage, and Vehicle Storage. Therefore, these actions may be considered equivalent to acts of authority.
This cannot be considered a private transaction between individuals, as there is no coordination or private service relationship. Nor can it be considered mere assistance provided by the permit holder to the authority, since it constitutes the execution of an act that forms part of the verification and sanctioning procedure, which may affect rights by creating, modifying, or extinguishing specific legal situations. Additionally, the permit holder’s actions are regulated by a general norm.
Therefore, it is determined that the removal of a motor vehicle from circulation—through towing and transfer to the corresponding storage facility—based on a citation issued by National Guard personnel and executed by a natural or legal person must be considered an act by a private party equivalent to that of an authority for purposes of an amparo lawsuit.
Digital registry: 2030564.
Source: German Montoya (Facebook user)
