<section number="72-9-603"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">115</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Towing notice requirements -- Cost responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and certification.</catchline><subsection number="72-9-603(1)">Except for a tow truck service that was ordered by a peace officer, a person acting on behalf of a law enforcement agency, or a highway authority, after performing a tow truck service that is being done without the vehicle, vessel, or outboard motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:<subsection number="72-9-603(1)(a)">immediately upon arriving at the place of storage or impound of the vehicle, vessel, or outboard motor:<subsection number="72-9-603(1)(a)(i)">provide relevant information to the impound vehicle service system database administered by the Motor Vehicle Division, including:<subsection number="72-9-603(1)(a)(i)(A)">the date and time of the removal of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(a)(i)(B)">a description of the vehicle, vessel, or outboard motor; and</subsection><subsection number="72-9-603(1)(a)(i)(C)">the vehicle identification number or vessel or outboard motor identification number; and</subsection></subsection><subsection number="72-9-603(1)(a)(ii)">contact the law enforcement agency having jurisdiction over the area where the vehicle, vessel, or outboard motor was picked up and notify the agency of the:<subsection number="72-9-603(1)(a)(ii)(A)">location of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(a)(ii)(B)">date, time, and location from which the vehicle, vessel, or outboard motor was removed;</subsection><subsection number="72-9-603(1)(a)(ii)(C)">reasons for the removal of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(a)(ii)(D)">person who requested the removal of the vehicle, vessel, or outboard motor; and</subsection><subsection number="72-9-603(1)(a)(ii)(E)">description, including the identification number, license number, or other identification number issued by a state agency, of the vehicle, vessel, or outboard motor;</subsection></subsection></subsection><subsection number="72-9-603(1)(b)">except for a vehicle, vessel, or outboard motor that has been retrieved by the owner or operator, within two business days of performing the tow truck service under Subsection <xref depth="4" refnumber="72-9-603(1)(a)">(1)(a)</xref>, send a certified letter to the last-known address of each party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or, if the person has actual knowledge of the party's address, to the current address, notifying the party of the:<subsection number="72-9-603(1)(b)(i)">location of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(b)(ii)">date, time, and location from which the vehicle, vessel, or outboard motor was removed;</subsection><subsection number="72-9-603(1)(b)(iii)">reasons for the removal of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(b)(iv)">person who requested the removal of the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(1)(b)(v)">a description, including its identification number and license number or other identification number issued by a state agency; and</subsection><subsection number="72-9-603(1)(b)(vi)">costs and procedures to retrieve the vehicle, vessel, or outboard motor; and</subsection></subsection><subsection number="72-9-603(1)(c)">upon initial contact with the owner or operator whose vehicle, vessel, or outboard motor was removed, provide the owner or operator with a copy of the Utah Consumer Bill of Rights Regarding Towing established by the department in Subsection <xref depth="4" refnumber="72-9-603(16)(e)">(16)(e)</xref>.</subsection></subsection><subsection number="72-9-603(2)"><subsection number="72-9-603(2)(a)">Until the tow truck operator or tow truck motor carrier reports the information required under Subsection <xref depth="4" refnumber="72-9-603(1)(a)">(1)(a)</xref>, a tow truck operator, tow truck motor carrier, or impound yard may not:<subsection number="72-9-603(2)(a)(i)">collect any fee associated with the removal; or</subsection><subsection number="72-9-603(2)(a)(ii)">begin charging storage fees.</subsection></subsection><subsection number="72-9-603(2)(b)">If a tow truck operator, tow truck motor carrier, or impound yard fails to provide notice as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>, a possessory lien described in Subsection <xref depth="4" refnumber="72-9-603(13)">(13)</xref> is unenforceable against a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref>.</subsection></subsection><subsection number="72-9-603(3)"><subsection number="72-9-603(3)(a)">Except as provided in Subsection <xref depth="4" refnumber="72-9-603(3)(b)">(3)(b)</xref> or <xref depth="4" refnumber="72-9-603(9)">(9)</xref>, a tow truck operator or tow truck motor carrier may not perform a tow truck service at the request or direction of a private property owner or the property owner's agent unless:<subsection number="72-9-603(3)(a)(i)">the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the tow truck service; or</subsection><subsection number="72-9-603(3)(a)(ii)">the property owner erects signage that meets the requirements of:<subsection number="72-9-603(3)(a)(ii)(A)">Subsection <xref depth="4" refnumber="72-9-603(4)(b)(ii)">(4)(b)(ii)</xref>; and</subsection><subsection number="72-9-603(3)(a)(ii)(B)">Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>.</subsection></subsection></subsection><subsection number="72-9-603(3)(b)">Subsections <xref depth="4" refnumber="72-9-603(7)">(7)</xref> through <xref depth="4" refnumber="72-9-603(9)">(9)</xref> do not apply to the removal of a vehicle, vessel, or outboard motor:<subsection number="72-9-603(3)(b)(i)">from a location where parking is prohibited by law, including:<subsection number="72-9-603(3)(b)(i)(A)">a designated fire lane;</subsection><subsection number="72-9-603(3)(b)(i)(B)">within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking stall or space; or</subsection><subsection number="72-9-603(3)(b)(i)(C)">a marked parking stall or space legally designated for disabled persons;</subsection></subsection><subsection number="72-9-603(3)(b)(ii)">from a location where it is reasonably apparent that the location is not open to parking;</subsection><subsection number="72-9-603(3)(b)(iii)">from a location where all public access points are controlled by:<subsection number="72-9-603(3)(b)(iii)(A)">a permanent gate, door, or similar feature allowing the vehicle to access the facility; or</subsection><subsection number="72-9-603(3)(b)(iii)(B)">a parking attendant;</subsection></subsection><subsection number="72-9-603(3)(b)(iv)">from a location that materially interferes with access to private property;</subsection><subsection number="72-9-603(3)(b)(v)">from the property of a detached single-family dwelling or duplex; or</subsection><subsection number="72-9-603(3)(b)(vi)">pursuant to a legal repossession.</subsection></subsection></subsection><subsection number="72-9-603(4)"><subsection number="72-9-603(4)(a)">A private property owner may, subject to the requirements of a local ordinance, enforce parking restrictions by:<subsection number="72-9-603(4)(a)(i)">authorizing a tow truck motor carrier to patrol and monitor the property and enforce parking restrictions on behalf of the property owner in accordance with Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref>;</subsection><subsection number="72-9-603(4)(a)(ii)">enforcing parking restrictions as needed by requesting a tow from a tow truck motor carrier on a case-by-case basis in accordance with Subsection <xref depth="4" refnumber="72-9-603(8)">(8)</xref>; or</subsection><subsection number="72-9-603(4)(a)(iii)">requesting a tow from a tow truck motor carrier after providing 24-hour written notice in accordance with Subsection <xref depth="4" refnumber="72-9-603(9)">(9)</xref>.</subsection></subsection><subsection number="72-9-603(4)(b)"><subsection number="72-9-603(4)(b)(i)">Any agreement between a private property owner and tow truck motor carrier authorizing the tow truck motor carrier to patrol and monitor the property under Subsection <xref depth="4" refnumber="72-9-603(4)(a)(i)">(4)(a)(i)</xref> shall include specific terms and conditions for the tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the property.</subsection><subsection number="72-9-603(4)(b)(ii)">In addition to the signage described in Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>, a private property owner who allows public parking shall erect appropriate signage on the property indicating clear instructions for parking at the property.</subsection><subsection number="72-9-603(4)(b)(iii)">Where a single parking area includes abutting parcels of property owned by two or more private property owners who enforce different parking restrictions under Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>, each property owner shall, in addition to the requirements under Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>, erect signage as required by this section:<subsection number="72-9-603(4)(b)(iii)(A)">at each entrance to the property owner's parcel from another property owner's parcel; and</subsection><subsection number="72-9-603(4)(b)(iii)(B)">if there is no clearly defined entrance between one property owner's parcel and another property owner's parcel, at intervals of 40 feet or less along the line dividing the property owner's parcel from the other property owner's parcel.</subsection></subsection><subsection number="72-9-603(4)(b)(iv)">Where there is no clearly defined entrance to a parking area from a highway, the property owner shall erect signage as required by this section at intervals of 40 feet or less along any portion of a property line where a vehicle, vessel, or outboard motor may enter the parking area.</subsection></subsection></subsection><subsection number="72-9-603(5)">Nothing in Subsection <xref depth="4" refnumber="72-9-603(3)">(3)</xref> or <xref depth="4" refnumber="72-9-603(4)">(4)</xref> restricts the ability of a private property owner from, subject to the provisions of this section, instituting and enforcing regulations for parking at the property.</subsection><subsection number="72-9-603(6)">In addition to any other powers provided by law, a political subdivision or state agency may:<subsection number="72-9-603(6)(a)">enforce parking restrictions in accordance with Subsections <xref depth="4" refnumber="72-9-603(7)">(7)</xref> through <xref depth="4" refnumber="72-9-603(9)">(9)</xref> on property that is:<subsection number="72-9-603(6)(a)(i)">owned by the political subdivision or state agency;</subsection><subsection number="72-9-603(6)(a)(ii)">located outside of the public right-of-way; and</subsection><subsection number="72-9-603(6)(a)(iii)">open to public parking; and</subsection></subsection><subsection number="72-9-603(6)(b)">request or direct a tow truck service in order to abate a public nuisance on private property over which the political subdivision or state agency has jurisdiction.</subsection></subsection><subsection number="72-9-603(7)">For private property where parking is enforced under Subsection <xref depth="4" refnumber="72-9-603(4)(a)(i)">(4)(a)(i)</xref>, the property owner shall ensure that each entrance to the property has signs located on the property and clearly visible to the driver of a vehicle entering the property that substantially comply with the following, as determined by the department:<subsection number="72-9-603(7)(a)">a top sign that is 24 inches tall by 18 inches wide and has:<subsection number="72-9-603(7)(a)(i)">a blue, reflective background with a 1/2 inch white border;</subsection><subsection number="72-9-603(7)(a)(ii)">two-inch, white letters at the top of the sign with the capitalized words "Lot is Patrolled";</subsection><subsection number="72-9-603(7)(a)(iii)">a white towing logo that is six inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and</subsection><subsection number="72-9-603(7)(a)(iv)">two-inch, white letters at the bottom of the sign with the capitalized words "Towing Enforced"; and</subsection></subsection><subsection number="72-9-603(7)(b)">a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:<subsection number="72-9-603(7)(b)(i)">a top half that is red background with white, reflective letters indicating:<subsection number="72-9-603(7)(b)(i)(A)">who is authorized to park or restricted from parking at the property; and</subsection><subsection number="72-9-603(7)(b)(i)(B)">any type of vehicle prohibited from parking at the property; and</subsection></subsection><subsection number="72-9-603(7)(b)(ii)">a bottom half that has a white, reflective background with red letters indicating:<subsection number="72-9-603(7)(b)(ii)(A)">the name and telephone number of the tow truck motor carrier that the property owner has authorized to patrol the property; and</subsection><subsection number="72-9-603(7)(b)(ii)(B)">the internet web address "tow.utah.gov".</subsection></subsection></subsection></subsection><subsection number="72-9-603(8)"><subsection number="72-9-603(8)(a)">For private property where parking is enforced under Subsection <xref depth="4" refnumber="72-9-603(4)(a)(ii)">(4)(a)(ii)</xref>, a tow truck motor carrier may not:<subsection number="72-9-603(8)(a)(i)">patrol and monitor the property;</subsection><subsection number="72-9-603(8)(a)(ii)">perform a tow truck service without the written or verbal request of the property owner or the property owner's agent; or</subsection><subsection number="72-9-603(8)(a)(iii)">act as the property owner's agent to request a tow truck service.</subsection></subsection><subsection number="72-9-603(8)(b)">For private property where parking is enforced under Subsection <xref tempid="537" depth="4" refnumber="72-9-603(4)(a)(ii)">(4)(a)(ii)</xref>, the property owner shall ensure that each entrance to the property has a clearly visible sign located on the property that substantially follows the following format, as determined by the department:<subsection number="72-9-603(8)(b)(i)"> the sign is 24 inches tall by 18 inches wide with a 1/2 inch white, reflective border, and has:<subsection number="72-9-603(8)(b)(i)(A)">at the top of the sign, a blue background with a white, reflective towing logo that is at least four inches tall and 16 inches wide that depicts an entire tow truck, a tow hook, and an entire vehicle being towed;</subsection><subsection number="72-9-603(8)(b)(i)(B)">immediately below the towing logo described in Subsection <xref depth="4" refnumber="72-9-603(8)(b)(i)(a)">(8)(b)(i)(A)</xref>, a blue background with white, reflective letters at least two inches tall with the capitalized words "Towing Enforced"; and</subsection><subsection number="72-9-603(8)(b)(i)(C)">in the middle of the sign, a red background with white, reflective letters at least one inch tall indicating who is authorized to park or restricted from parking at the property, and any type of vehicle prohibited from parking at the property; and</subsection></subsection><subsection number="72-9-603(8)(b)(ii)">at the bottom of the sign, a white, reflective background with red letters at least one inch tall indicating:<subsection number="72-9-603(8)(b)(ii)(A)">either the name and telephone number of the property owner or the property owner's agent who is authorized to request a tow truck service, or the name and telephone number of the tow truck motor carrier that provides tow truck services for the property; and</subsection><subsection number="72-9-603(8)(b)(ii)(B)">the internet web address "tow.utah.gov".</subsection></subsection></subsection><subsection number="72-9-603(8)(c)">If a dispute arises regarding whether a sign required under this section substantially complies with the requirements of this section, the department shall determine whether the sign substantially complies.</subsection></subsection><subsection number="72-9-603(9)"><subsection number="72-9-603(9)(a)">For private property without signage substantially meeting the requirements of Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>, as determined by the department, the property owner may request a tow truck motor carrier to remove a vehicle, vessel, or outboard motor from the private property 24 hours after the property owner or the property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in accordance with this Subsection <xref depth="4" refnumber="72-9-603(9)">(9)</xref>.</subsection><subsection number="72-9-603(9)(b)">The written notice described in Subsection <xref depth="4" refnumber="72-9-603(9)(a)">(9)(a)</xref> shall:<subsection number="72-9-603(9)(b)(i)">indicate the exact time when the written notice is affixed to the vehicle, vessel, or outboard motor;</subsection><subsection number="72-9-603(9)(b)(ii)">warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or outboard motor will be towed from the property if it is not removed within 24 hours after the time indicated in Subsection <xref depth="4" refnumber="72-9-603(9)(b)(i)">(9)(b)(i)</xref>;</subsection><subsection number="72-9-603(9)(b)(iii)">be at least four inches tall and four inches wide; and</subsection><subsection number="72-9-603(9)(b)(iv)">be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on the driver's side window of the vehicle, vessel, or outboard motor.</subsection></subsection><subsection number="72-9-603(9)(c)">A property owner may authorize a tow truck motor carrier to act as the property owner's agent for purposes of affixing the written notice described in Subsection <xref depth="4" refnumber="72-9-603(9)(a)">(9)(a)</xref> to a vehicle, vessel, or outboard motor.</subsection></subsection><subsection number="72-9-603(10)">The department shall publish on the department's internet website the signage requirements and written notice requirements and illustrated or photographed examples of the signage and written notice requirements described in Subsections <xref depth="4" refnumber="72-9-603(7)">(7)</xref> through <xref depth="4" refnumber="72-9-603(9)">(9)</xref>.</subsection><subsection number="72-9-603(11)">It is an affirmative defense to any claim, based on the lack of notice, that arises from the towing of a vehicle, vessel, or outboard motor from private property that the property had signage meeting the requirements of:<subsection number="72-9-603(11)(a)">Subsection <xref depth="4" refnumber="72-9-603(4)(b)(ii)">(4)(b)(ii)</xref>; and</subsection><subsection number="72-9-603(11)(b)">Subsection <xref depth="4" refnumber="72-9-603(7)">(7)</xref> or <xref depth="4" refnumber="72-9-603(8)">(8)</xref>.</subsection></subsection><subsection number="72-9-603(12)">An individual described in Subsection <xref depth="4" refnumber="41-6a-1406(7)(f)(i)">41-6a-1406(7)(f)(i)</xref> or a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in a vehicle, vessel, or outboard motor lawfully removed is only responsible for paying:<subsection number="72-9-603(12)(a)">the tow truck service and storage fees set in accordance with Subsection <xref depth="4" refnumber="72-9-603(16)">(16)</xref>; and</subsection><subsection number="72-9-603(12)(b)">the administrative impound fee set in Section <xref depth="3" refnumber="41-6a-1406">41-6a-1406</xref>, if applicable.</subsection></subsection><subsection number="72-9-603(13)"><subsection number="72-9-603(13)(a)">As used in this Subsection <xref refnumber="72-9-603(13)" depth="4">(13)</xref>, "life essential item" means:<subsection number="72-9-603(13)(a)(i)">prescription medication;</subsection><subsection number="72-9-603(13)(a)(ii)">medical equipment;</subsection><subsection number="72-9-603(13)(a)(iii)">shoes;</subsection><subsection number="72-9-603(13)(a)(iv)">coats;</subsection><subsection number="72-9-603(13)(a)(v)">food and water;</subsection><subsection number="72-9-603(13)(a)(vi)">child safety seats;</subsection><subsection number="72-9-603(13)(a)(vii)">government-issued photo identification; and</subsection><subsection number="72-9-603(13)(a)(viii)">human remains.</subsection></subsection><subsection number="72-9-603(13)(b)">Subject to Subsection <xref depth="4" refnumber="72-9-603(13)(d)">(13)(d)</xref>, the fees under Subsection <xref depth="4" refnumber="72-9-603(12)">(12)</xref> are a possessory lien on the vehicle, vessel, or outboard motor.</subsection><subsection number="72-9-603(13)(c)">Subject to Subsection <xref depth="4" refnumber="72-9-603(13)(d)">(13)(d)</xref>, towing fees are a possessory lien on the vehicle, vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or outboard motor.</subsection><subsection number="72-9-603(13)(d)"><subsection number="72-9-603(13)(d)(i)">Before two business days have passed since the date on which the vehicle, vessel, or outboard motor was removed, a possessory lien described in Subsections <xref depth="4" refnumber="72-9-603(13)(b)">(13)(b)</xref> and <xref depth="4" refnumber="72-9-603(13)(c)">(13)(c)</xref> is valid if the tow truck operator, tow truck motor carrier, or impound yard has provided relevant information to the impound vehicle service system database administered by the Motor Vehicle Division as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>.</subsection><subsection number="72-9-603(13)(d)(ii)">After two business days have passed since the date on which the vehicle, vessel, or outboard motor was removed, a possessory lien described in Subsections <xref depth="4" refnumber="72-9-603(13)(b)">(13)(b)</xref> and <xref depth="4" refnumber="72-9-603(13)(c)">(13)(c)</xref> is valid if the tow truck operator, tow truck motor carrier, or impound yard has sent notice by certified letter to the last-known address of each party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor as described in Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>.</subsection></subsection><subsection number="72-9-603(13)(e)">Except for a vehicle, vessel, or outboard motor being held as evidence, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection <xref depth="4" refnumber="41-6a-1406(7)(f)(i)">41-6a-1406(7)(f)(i)</xref> to take possession of any life essential item within the vehicle, vessel, or outboard motor during normal business hours regardless of whether the towing, impound fees, or storage fees have been paid.</subsection><subsection number="72-9-603(13)(f)">Except for a vehicle, vessel, or outboard motor being held as evidence, upon payment of the towing fee, a tow truck operator, a tow truck motor carrier, or an impound yard shall allow a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection <xref depth="4" refnumber="41-6a-1406(7)(f)(i)">41-6a-1406(7)(f)(i)</xref> to enter the vehicle, vessel, or outboard motor during normal business hours and remove personal property not attached to the vehicle, vessel, or outboard motor.</subsection><subsection number="72-9-603(13)(g)">The tow truck operator or tow truck motor carrier shall securely store the vehicle, vessel, or outboard motor and items described in Subsection <xref depth="4" refnumber="72-9-603(13)(a)">(13)(a)</xref> in an approved state impound yard until a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor:<subsection number="72-9-603(13)(g)(i)">pays the fees described in Subsection <xref depth="4" refnumber="72-9-603(12)">(12)</xref>; and</subsection><subsection number="72-9-603(13)(g)(ii)">removes the vehicle, vessel, or outboard motor from the state impound yard.</subsection></subsection></subsection><subsection number="72-9-603(14)"><subsection number="72-9-603(14)(a)">A vehicle, vessel, or outboard motor shall be considered abandoned if a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor or an individual described in Subsection <xref depth="4" refnumber="41-6a-1406(7)(f)(i)">41-6a-1406(7)(f)(i)</xref> does not, within 30 days after notice has been sent under Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>:<subsection number="72-9-603(14)(a)(i)">pay the fees described in Subsection <xref depth="4" refnumber="72-9-603(12)">(12)</xref>; and</subsection><subsection number="72-9-603(14)(a)(ii)">remove the vehicle, vessel, or outboard motor from the secure storage facility.</subsection></subsection><subsection number="72-9-603(14)(b)">A person may not request a transfer of title to an abandoned vehicle, vessel, or outboard motor until at least 30 days after notice has been sent under Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>.</subsection></subsection><subsection number="72-9-603(15)"><subsection number="72-9-603(15)(a)">A tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees, rates, and acceptable forms of payment for tow truck service and storage of a vehicle in accordance with rules established under Subsection <xref depth="4" refnumber="72-9-603(16)">(16)</xref>.</subsection><subsection number="72-9-603(15)(b)">A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a tow truck service under Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref> or any service rendered, performed, or supplied in connection with a tow truck service under Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>.</subsection></subsection><subsection number="72-9-603(16)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall:<subsection number="72-9-603(16)(a)">subject to the restriction in Subsection <xref depth="4" refnumber="72-9-603(17)">(17)</xref>, set maximum rates that:<subsection number="72-9-603(16)(a)(i)">a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that are transported in response to:<subsection number="72-9-603(16)(a)(i)(A)">a peace officer dispatch call;</subsection><subsection number="72-9-603(16)(a)(i)(B)">a motor vehicle division call; and</subsection><subsection number="72-9-603(16)(a)(i)(C)">any other call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal;</subsection></subsection><subsection number="72-9-603(16)(a)(ii)">an impound yard may charge for the storage of a vehicle, vessel, or outboard motor stored as a result of one of the conditions listed under Subsection <xref depth="4" refnumber="72-9-603(16)(a)(i)">(16)(a)(i)</xref>; and</subsection><subsection number="72-9-603(16)(a)(iii)">an impound yard may charge for the after-hours release of a vehicle, vessel, or outboard motor stored as a result of one of the conditions described in Subsection <xref depth="4" refnumber="72-9-603(16)(a)(i)">(16)(a)(i)</xref>;</subsection></subsection><subsection number="72-9-603(16)(b)">establish authorized towing certification requirements, not in conflict with federal law, related to incident safety, clean-up, and hazardous material handling;</subsection><subsection number="72-9-603(16)(c)">specify the form and content of the posting and disclosure of fees and rates charged and acceptable forms of payment by a tow truck motor carrier or impound yard;</subsection><subsection number="72-9-603(16)(d)">set a maximum rate for an administrative fee that a tow truck motor carrier may charge for reporting the information required under Subsection <xref depth="4" refnumber="72-9-603(1)(a)(i)">(1)(a)(i)</xref> and providing notice of the removal to each party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor as required in Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>;</subsection><subsection number="72-9-603(16)(e)">establish a Utah Consumer Bill of Rights Regarding Towing form that contains specific information regarding:<subsection number="72-9-603(16)(e)(i)">a vehicle owner's or operator's rights and responsibilities if the owner's vehicle is towed;</subsection><subsection number="72-9-603(16)(e)(ii)">identifies the maximum rates that a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and</subsection><subsection number="72-9-603(16)(e)(iii)">identifies the maximum rates that an impound yard may charge for the storage of vehicle, vessel, or outboard motor that is transported in response to a call or request where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and</subsection></subsection><subsection number="72-9-603(16)(f)">set a maximum rate for an after-hours fee allowed under Subsection <xref depth="4" refnumber="72-9-603(19)(b)">(19)(b)</xref>.</subsection></subsection><subsection number="72-9-603(17)">An impound yard may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if:<subsection number="72-9-603(17)(a)">the vehicle, vessel, or outboard motor is being held as evidence; and</subsection><subsection number="72-9-603(17)(b)">the vehicle, vessel, or outboard motor is not being released to a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> or an individual described in Subsection <xref depth="4" refnumber="41-6a-1406(7)(f)(i)">41-6a-1406(7)(f)(i)</xref>, even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under Section <xref depth="3" refnumber="41-6a-1406">41-6a-1406</xref>.</subsection></subsection><subsection number="72-9-603(18)"><subsection number="72-9-603(18)(a)"><subsection number="72-9-603(18)(a)(i)">A tow truck motor carrier may charge a rate up to the maximum rate set by the department in rules made under Subsection <xref depth="4" refnumber="72-9-603(16)">(16)</xref>.</subsection><subsection number="72-9-603(18)(a)(ii)">In addition to the maximum rates established under Subsection <xref depth="4" refnumber="72-9-603(16)">(16)</xref> and when receiving payment by credit card or debit card, a tow truck operator, a tow truck motor carrier, or an impound yard may charge a card processing fee of 3% of the transaction total.</subsection></subsection><subsection number="72-9-603(18)(b)">A tow truck motor carrier may not be required to maintain insurance coverage at a higher level than required in rules made in accordance with Subsection <xref depth="4" refnumber="72-9-603(16)">(16)</xref>.</subsection></subsection><subsection number="72-9-603(19)">When a tow truck motor carrier or impound lot is in possession of a vehicle, vessel, or outboard motor as a result of a tow service that was performed without the consent of the owner, and that was not ordered by a peace officer or a person acting on behalf of a law enforcement agency, the tow truck motor carrier or impound yard shall make personnel available:<subsection number="72-9-603(19)(a)">by phone 24 hours a day, seven days a week; and</subsection><subsection number="72-9-603(19)(b)">to release the impounded vehicle, vessel, or outboard motor to the owner within one hour of when the owner calls the tow truck motor carrier or impound yard.</subsection></subsection><subsection number="72-9-603(20)"><subsection number="72-9-603(20)(a)">If the tow truck motor carrier, tow truck operator, or impound lot fails to release the vehicle, vessel, or outboard motor in accordance with Subsection <xref depth="4" refnumber="72-9-603(19)">(19)</xref>, the individual acting on behalf of the tow truck motor carrier, tow truck operator, or impound lot may be charged with a violation described in Section <xref depth="3" refnumber="41-1a-1314">41-1a-1314</xref>.</subsection><subsection number="72-9-603(20)(b)">Subsection <xref depth="4" refnumber="72-9-603(20)(a)">(20)(a)</xref> may be enforced by:<subsection number="72-9-603(20)(b)(i)">a local law enforcement agency;</subsection><subsection number="72-9-603(20)(b)(ii)">Utah Highway Patrol; or</subsection><subsection number="72-9-603(20)(b)(iii)">the Motor Vehicle Enforcement Division created in Section <xref depth="3" refnumber="41-3-104">41-3-104</xref>.</subsection></subsection></subsection><subsection number="72-9-603(21)">A tow truck motor carrier or a tow truck operator may not:<subsection number="72-9-603(21)(a)">share contact or other personal information of an owner of a vehicle, vessel, or outboard motor or a party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> for which the tow truck motor carrier or tow truck operator has performed a tow service; and</subsection><subsection number="72-9-603(21)(b)">receive payment for referring a person for whom the tow truck motor carrier or tow truck operator has performed a tow service to another service, including:<subsection number="72-9-603(21)(b)(i)">a lawyer referral service;</subsection><subsection number="72-9-603(21)(b)(ii)">a medical provider;</subsection><subsection number="72-9-603(21)(b)(iii)">a funding agency;</subsection><subsection number="72-9-603(21)(b)(iv)">a marketer for any service described in Subsections (21)(b)(i) through <xref depth="4" refnumber="72-9-603(iii)">(iii)</xref>;</subsection><subsection number="72-9-603(21)(b)(v)">a marketer for any other service; or</subsection><subsection number="72-9-603(21)(b)(vi)">a third party vendor.</subsection></subsection></subsection><subsection number="72-9-603(22)"><subsection number="72-9-603(22)(a)">Subject to Subsection <xref depth="4" refnumber="72-9-603(22)(b)">(22</xref>)(b), a tow truck operator, tow truck motor carrier, or impound yard that fails to provide timely and proper notice as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref> to an owner or a lien holder of record as required in this section forfeits the right to collect or enforce any towing, storage, or impound fees from the owner or lien holder.</subsection><subsection number="72-9-603(22)(b)"><subsection number="72-9-603(22)(b)(i)">Before two business days have passed since the date on which the vehicle, vessel, or outboard motor was removed, an owner or lien holder is responsible for the towing, storage, and impound fees if the tow truck operator, tow truck motor carrier, or impound yard has provided relevant information to the impound vehicle service system database administered by the Motor Vehicle Division as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>.</subsection><subsection number="72-9-603(22)(b)(ii)">After two business days have passed since the date on which the vehicle, vessel, or outboard motor was removed, an owner or lien holder is responsible for the towing, storage, and impound fees if the tow truck operator, tow truck motor carrier, or impound yard has sent notice by certified letter to the last-known address of each party described in Subsection <xref depth="4" refnumber="41-6a-1406(6)(a)">41-6a-1406(6)(a)</xref> with an interest in the vehicle, vessel, or outboard motor as described in Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>.</subsection></subsection><subsection number="72-9-603(22)(c)">An owner or a lien holder may demand immediate release and possession of the vehicle, vessel, or outboard motor without payment of towing, storage, or related fees if:<subsection number="72-9-603(22)(c)(i)">the owner or lien holder provides proof of ownership or lien holder status; and</subsection><subsection number="72-9-603(22)(c)(ii)">the tow truck operator, tow truck motor carrier, or impound yard is unable to provide evidence that notice was properly provided through certified letter as described in Subsection <xref depth="4" refnumber="72-9-603(1)(b)">(1)(b)</xref>.</subsection></subsection><subsection number="72-9-603(22)(d)"><subsection number="72-9-603(22)(d)(i)">If a party with an interest in the vehicle, vessel, or outboard motor claims notice was not properly given, there is a rebuttable presumption that notice was not properly provided as required in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>.</subsection><subsection number="72-9-603(22)(d)(ii)">The presumption described in Subsection (22)(d)(i) may be rebutted by providing credible, time-stamped evidence that the tow truck operator, tow truck motor carrier, or impound yard, as applicable:<subsection number="72-9-603(22)(d)(ii)(A)">provided the relevant information to the impound vehicle service system database administered by the Motor Vehicle Division as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>; or</subsection><subsection number="72-9-603(22)(d)(ii)(B)">sent a certified letter to the last-known address of each party with an interest in the vehicle, vessel, or outboard motor as described in Subsection <xref depth="4" refnumber="72-9-603(1)">(1)</xref>.</subsection></subsection></subsection><subsection number="72-9-603(22)(e)">In a civil action brought to enforce or challenge rights under this Subsection <xref depth="4" refnumber="72-9-603(22)">(22)</xref>, the prevailing party shall be awarded reasonable attorney fees and costs.</subsection><subsection number="72-9-603(22)(f)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may adopt rules to implement and clarify the process for an owner or a lien holder to claim release under this Subsection <xref depth="4" refnumber="72-9-603(22)">(22)</xref>.</subsection></subsection></section>