H.B. 55 Enrolled

TOW TRUCK REQUIREMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: James R. Gowans
This act modifies the Transportation Code by adding a definition of tow truck service
which includes recovery functions and related operations. This act replaces the word
"towing" with "tow truck service" for purposes of charges an owner is responsible for
paying. The act also uses this defined phrase to require posting of rates by a tow truck
motor carrier, and to require the Department of Transportation to set maximum rates
that may be charged for certain tow truck services by administrative rule. This act
requires that in addition to notifying the owner if a vehicle, vessel, or outboard motor is
towed without the owner's knowledge that the tow truck motor carrier also notify the lien
holder.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
72-9-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-9-603, as last amended by Chapter 202, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 72-9-102 is amended to read:
72-9-102. Definitions.
As used in this chapter:
(1) (a) "Commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer
used or maintained for business, compensation, or profit to transport passengers or property on
a highway if the commercial vehicle:
(i) has a manufacturer's gross vehicle weight rating or gross combination weight rating
of 10,001 or more pounds;
(ii) is designed to transport more than 15 passengers, including the driver; or
(iii) is used in the transportation of hazardous materials and is required to be placarded
in accordance with 49 C.F.R. Part 172, Subpart F.

(b) The following vehicles are not considered a commercial vehicle for purposes of this
chapter:
(i) equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and national guard on
active duty including personnel on full-time national guard duty, personnel on part-time training,
and national guard military technicians and civilians who are required to wear military uniforms
and are subject to the code of military justice;
(ii) firefighting and emergency vehicles, operated by emergency personnel, not including
commercial tow trucks; and
(iii) recreational vehicles that are driven solely as family or personal conveyances for
noncommercial purposes.
(2) "Motor carrier" means a person engaged in or transacting the business of transporting
passengers, freight, merchandise, or other property by a commercial vehicle on a highway within
this state and includes a tow truck business.
(3) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line,
dolly, tilt bed, or other means.
(4) "Tow truck service" means the functions and any ancillary operations associated with
recovering, removing, and towing a vehicle and its load from a highway or other place by means
of a tow truck.
[(4)] (5) "Transportation" means the actual movement of property or passengers by motor
vehicle, including loading, unloading, and any ancillary service provided by the motor carrier in
connection with movement by motor vehicle, which is performed by or on behalf of the motor
carrier, its employees or agents, or under the authority of the motor carrier, its employees or
agents, or under the apparent authority and with the knowledge of the motor carrier.
Section 2. Section 72-9-603 is amended to read:
72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned vehicle

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title restrictions -- Rules for maximum rates and certification.
(1) Except for tow truck service that was ordered by a peace officer, or a person acting on
behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102 , 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:
(a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
or outboard motor, 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:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, and location from which the vehicle, vessel, or outboard motor was
removed;
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
(iv) person who requested the removal of the vehicle, vessel, or outboard motor; and
(v) vehicle, vessel, or outboard motor's description, including its identification number
and license number or other identification number issued by a state agency; and
(b) within two business days of performing the tow truck service, send a certified letter to
the last-known address of the registered owner and lien holder of the vehicle, vessel, or outboard
motor obtained from the Motor Vehicle Division or if the person has actual knowledge of the
owner's address to the current address, notifying him of the:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, location from which the vehicle, vessel, or outboard motor was removed;
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
(iv) person who requested the removal of the vehicle, vessel, or outboard motor;
(v) a description, including its identification number and license number or other
identification number issued by a state agency; and
(vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.
(2) Until the tow truck operator or tow truck motor carrier reports the removal as
required under Subsection (1)(a), a tow truck motor carrier or impound yard may not:

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(a) collect any fee associated with the removal; and
(b) begin charging storage fees.
(3) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
responsible for paying:
(a) the [towing] tow truck service and storage fees set in accordance with Subsection (7);
and
(b) the administrative impound fee set in Section 41-6-102.5 , if applicable.
(4) The fees under Subsection (3) are a possessory lien on the vehicle, vessel, or outboard
motor until paid.
(5) A person may not request a transfer of title to an abandoned vehicle until at least 30
days after notice has been sent under Subsection (1)(b).
(6) A tow truck motor carrier or impound yard shall clearly and conspicuously post and
disclose all its current fees and rates for [towing] tow truck service and storage of a vehicle in
accordance with rules established under Subsection (7).
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
Department of Transportation shall:
(a) set maximum rates that:
(i) tow truck motor carriers may charge for the [towing] tow truck service of a vehicle,
vessel, or outboard motor that are transported in response to:
(A) a peace officer dispatch call;
(B) a motor vehicle division call; and
(C) any other call where the owner of the vehicle, vessel, or outboard motor has not
consented to the removal; and
(ii) impound yards may charge for the storage of a vehicle, vessel, or outboard motor
stored as a result of one of the conditions listed under Subsection (7)(a);
(b) establish authorized towing certification requirements, not in conflict with federal
law, related to incident safety, clean-up, and hazardous material handling; and
(c) specify the form and content of the posting and disclosure of fees and rates charged

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by a tow truck motor carrier or impound yard.

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