S.B. 120

1

VEHICLE TOWING REQUIREMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brent H. Goodfellow
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Transportation Code by amending tow truck provisions.
10 Highlighted Provisions:
11 This bill:
12 . requires a tow truck operator or tow truck motor carrier to notify local law
13 enforcement prior to towing a vehicle in certain situations;
14 . prohibits a tow truck operator or tow truck motor carrier from towing a vehicle
15 when proper notice does not exist informing drivers of a tow away zone in certain
16 locations; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 72-9-603, as last amended by Chapter 2, Laws of Utah 2005
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 72-9-603 is amended to read:

28 72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
29 vehicle title restrictions -- Rules for maximum rates and certification.
30 (1) Except for tow truck service that was ordered by a peace officer, or a person acting
31 on behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102 ,
32 [after performing a tow truck service that is being done without the vehicle, vessel, or outboard
33 motor owner's knowledge, the] a tow truck operator or the tow truck motor carrier shall:
34 (a) [immediately upon arriving at the place of storage or impound of the vehicle,
35 vessel, or outboard motor] before performing a tow truck service without the vehicle, vessel, or
36 outboard motor owner's knowledge, contact the law enforcement agency having jurisdiction
37 over the area where the vehicle, vessel, or outboard motor [was] is being picked up and notify
38 the agency of the:
39 (i) location of the vehicle, vessel, or outboard motor;
40 (ii) date, time, and location from which the vehicle, vessel, or outboard motor [was] is
41 being removed;
42 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
43 (iv) person who requested the removal of the vehicle, vessel, or outboard motor; and
44 (v) vehicle, vessel, or outboard motor's description, including its identification number
45 and license number or other identification number issued by a state agency; and
46 (b) within two business days of performing the tow truck service under Subsection
47 (1)(a), send a certified letter to the last-known address of the registered owner and lien holder
48 of the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the
49 person has actual knowledge of the owner's address to the current address, notifying [him] the
50 owner of the:
51 (i) location of the vehicle, vessel, or outboard motor;
52 (ii) date, time, location from which the vehicle, vessel, or outboard motor was
53 removed;
54 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
55 (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
56 (v) a description, including its identification number and license number or other
57 identification number issued by a state agency; and
58 (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.

59 (2) (a) Until the tow truck operator or tow truck motor carrier reports the removal as
60 required under Subsection (1)(a), a tow truck operator, tow truck motor carrier or impound yard
61 may not:
62 (i) perform a tow truck service without the vehicle, vessel, or outboard motor owner's
63 knowledge;
64 [(a)] (ii) collect any fee associated with the removal; [and] or
65 [(b)] (iii) begin charging storage fees.
66 (b) A tow truck operator or tow truck motor carrier may not perform a tow truck
67 service without the vehicle, vessel, or outboard motor owner's knowledge at either of the
68 following locations without signage displaying where parking is subject to towing without the
69 owner's consent:
70 (i) a mobile home park as defined in Section 57-16-3 ; or
71 (ii) a multifamily dwelling of more than four units.
72 (3) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
73 responsible for paying:
74 (a) the tow truck service and storage fees set in accordance with Subsection (7); and
75 (b) the administrative impound fee set in Section 41-6a-1406 , if applicable.
76 (4) The fees under Subsection (3) are a possessory lien on the vehicle, vessel, or
77 outboard motor until paid.
78 (5) A person may not request a transfer of title to an abandoned vehicle until at least 30
79 days after notice has been sent under Subsection (1)(b).
80 (6) A tow truck motor carrier or impound yard shall clearly and conspicuously post and
81 disclose all its current fees and rates for tow truck service and storage of a vehicle in
82 accordance with rules established under Subsection (7).
83 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
84 Department of Transportation shall:
85 (a) set maximum rates that:
86 (i) tow truck motor carriers may charge for the tow truck service of a vehicle, vessel, or
87 outboard motor that are transported in response to:
88 (A) a peace officer dispatch call;
89 (B) a motor vehicle division call; and

90 (C) any other call where the owner of the vehicle, vessel, or outboard motor has not
91 consented to the removal; and
92 (ii) impound yards may charge for the storage of a vehicle, vessel, or outboard motor
93 stored as a result of one of the conditions listed under Subsection (7)(a)(i);
94 (b) establish authorized towing certification requirements, not in conflict with federal
95 law, related to incident safety, clean-up, and hazardous material handling; and
96 (c) specify the form and content of the posting and disclosure of fees and rates charged
97 by a tow truck motor carrier or impound yard.




Legislative Review Note
as of 1-8-07 12:04 PM

Office of Legislative Research and General Counsel