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H.B. 55

             1     

TOW TRUCK REQUIREMENTS

             2     
2003 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: James R. Gowans

             5      This act modifies the Transportation Code by adding a definition of tow truck service
             6      which includes recovery functions and related operations. This act replaces the word
             7      "towing" with "tow truck service" for purposes of charges an owner is responsible for
             8      paying. The act also uses this defined phrase to require posting of rates by a tow truck
             9      motor carrier, and to require the Department of Transportation to set maximum rates
             10      that may be charged for certain tow truck services by administrative rule.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          72-9-102, as renumbered and amended by Chapter 270, Laws of Utah 1998
             14          72-9-603, as last amended by Chapter 202, Laws of Utah 2001
             15      Be it enacted by the Legislature of the state of Utah:
             16          Section 1. Section 72-9-102 is amended to read:
             17           72-9-102. Definitions.
             18          As used in this chapter:
             19          (1) (a) "Commercial vehicle" means a motor vehicle, vehicle, trailer, or semitrailer
             20      used or maintained for business, compensation, or profit to transport passengers or property on
             21      a highway if the commercial vehicle:
             22          (i) has a manufacturer's gross vehicle weight rating or gross combination weight rating
             23      of 10,001 or more pounds;
             24          (ii) is designed to transport more than 15 passengers, including the driver; or
             25          (iii) is used in the transportation of hazardous materials and is required to be placarded
             26      in accordance with 49 C.F.R. Part 172, Subpart F.
             27          (b) The following vehicles are not considered a commercial vehicle for purposes of this



             28      chapter:
             29          (i) equipment owned and operated by the United States Department of Defense when
             30      driven by any active duty military personnel and members of the reserves and national guard on
             31      active duty including personnel on full-time national guard duty, personnel on part-time
             32      training, and national guard military technicians and civilians who are required to wear military
             33      uniforms and are subject to the code of military justice;
             34          (ii) firefighting and emergency vehicles, operated by emergency personnel, not
             35      including commercial tow trucks; and
             36          (iii) recreational vehicles that are driven solely as family or personal conveyances for
             37      noncommercial purposes.
             38          (2) "Motor carrier" means a person engaged in or transacting the business of
             39      transporting passengers, freight, merchandise, or other property by a commercial vehicle on a
             40      highway within this state and includes a tow truck business.
             41          (3) "Tow truck" means a motor vehicle constructed, designed, altered, or equipped
             42      primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or
             43      impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow
             44      line, dolly, tilt bed, or other means.
             45          (4) "Tow truck service" means the functions and any ancillary operations associated
             46      with recovering, removing, and towing a vehicle and its load from a highway or other place by
             47      means of a tow truck.
             48          [(4)] (5) "Transportation" means the actual movement of property or passengers by
             49      motor vehicle, including loading, unloading, and any ancillary service provided by the motor
             50      carrier in connection with movement by motor vehicle, which is performed by or on behalf of
             51      the motor carrier, its employees or agents, or under the authority of the motor carrier, its
             52      employees or agents, or under the apparent authority and with the knowledge of the motor
             53      carrier.
             54          Section 2. Section 72-9-603 is amended to read:
             55           72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
             56      vehicle title restrictions -- Rules for maximum rates and certification.
             57          (1) Except for tow truck service that was ordered by a peace officer, or a person acting
             58      on behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102 ,


             59      after performing a tow truck service that is being done without the vehicle, vessel, or outboard
             60      motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:
             61          (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
             62      or outboard motor, contact the law enforcement agency having jurisdiction over the area where
             63      the vehicle, vessel, or outboard motor was picked up and notify the agency of the:
             64          (i) location of the vehicle, vessel, or outboard motor;
             65          (ii) date, time, and location from which the vehicle, vessel, or outboard motor was
             66      removed;
             67          (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
             68          (iv) person who requested the removal of the vehicle, vessel, or outboard motor; and
             69          (v) vehicle, vessel, or outboard motor's description, including its identification number
             70      and license number or other identification number issued by a state agency; and
             71          (b) within two business days of performing the tow truck service, send a certified letter
             72      to the last known address of the registered owner of the vehicle, vessel, or outboard motor
             73      obtained from the Motor Vehicle Division or if the person has actual knowledge of the owner's
             74      address to the current address, notifying him of the:
             75          (i) location of the vehicle, vessel, or outboard motor;
             76          (ii) date, time, location from which the vehicle, vessel, or outboard motor was
             77      removed;
             78          (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
             79          (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
             80          (v) a description, including its identification number and license number or other
             81      identification number issued by a state agency; and
             82          (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.
             83          (2) Until the tow truck operator or tow truck motor carrier reports the removal as
             84      required under Subsection (1)(a), a tow truck motor carrier or impound yard may not:
             85          (a) collect any fee associated with the removal; and
             86          (b) begin charging storage fees.
             87          (3) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
             88      responsible for paying:
             89          (a) the [towing] tow truck service and storage fees set in accordance with Subsection


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




Legislative Review Note
    as of 12-12-02 2:08 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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