H.B. 275

This document includes House Floor Amendments incorporated into the bill on Mon, Feb 4, 2008 at 11:04 AM by ddonat. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Mon, Feb 18, 2008 at 11:12 AM by rday. --> 1

VEHICLE TOWING REQUIREMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley M. Daw
5 Senate Sponsor: Brent H. Goodfellow
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 . prohibits a tow truck operator or tow truck motor carrier from towing a vehicle
13 when proper notice does not exist informing drivers of a tow away zone in certain
14 locations; H. [ and ]
14a . provides exceptions to the notice requirements; and .H
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 72-9-603, as last amended by Laws of Utah 2005, Chapter 2
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 72-9-603 is amended to read:
26 72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
27 vehicle title restrictions -- Rules for maximum rates and certification.

28 (1) Except for tow truck service that was ordered by a peace officer, or a person acting
29 on behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102 ,
30 after performing a tow truck service that is being done without the vehicle, vessel, or outboard
31 motor owner's knowledge, the tow truck operator or the tow truck motor carrier shall:
32 (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
33 or outboard motor, contact the law enforcement agency having jurisdiction over the area where
34 the vehicle, vessel, or outboard motor was picked up and notify the agency of the:
35 (i) location of the vehicle, vessel, or outboard motor;
36 (ii) date, time, and location from which the vehicle, vessel, or outboard motor was
37 removed;
38 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
39 (iv) person who requested the removal of the vehicle, vessel, or outboard motor; and
40 (v) vehicle, vessel, or outboard motor's description, including its identification number
41 and license number or other identification number issued by a state agency; and
42 (b) within two business days of performing the tow truck service under Subsection
43 (1)(a), send a certified letter to the last-known address of the registered owner and lien holder
44 of the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the
45 person has actual knowledge of the owner's address to the current address, notifying [him] the
46 owner of the:
47 (i) location of the vehicle, vessel, or outboard motor;
48 (ii) date, time, location from which the vehicle, vessel, or outboard motor was
49 removed;
50 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
51 (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
52 (v) a description, including its identification number and license number or other
53 identification number issued by a state agency; and
54 (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.
55 (2) (a) Until the tow truck operator or tow truck motor carrier reports the removal as
56 required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
57 yard may not:
58 [(a) ] (i) collect any fee associated with the removal; [and] or

59 [(b)] (ii) begin charging storage fees.
60 (b) (i) H. [ A ] Except as provided in Subsection (2)(c), a .H tow truck operator or tow
60a truck motor carrier may not perform a tow truck
61 service without the vehicle, vessel, or outboard motor owner's or a lien holder's knowledge at
62 either of the following locations without signage that meets the requirements of Subsection
63 (2)(b)(ii):
64 (A) a mobile home park as defined in Section 57-16-3 ; or
65 (B) a multifamily dwelling of more than H. [ four ] eight .H units.
66 (ii) Signage under Subsection (2)(b)(i) shall display:
67 (A) where parking is subject to towing; S. and
67a (B)(I) the Internet website address that provides access to towing database information
67b in accordance with Section 41-6a-1406; or
67c (II) one of the following:
68 [(B) H. (I) .H] (Aa) .S the name and phone number of the tow truck operator or tow truck
68a motor carrier
69 that performs a tow truck service for the locations listed under Subsection (2)(b)(i); H. or
69a S. [ (II) ] (Bb) .S the name of the mobile home park or multifamily dwelling and the
69b phone number
69b of the mobile home park or multifamily dwelling manager or management office that
69c authorized the vehicle, vessel, or outboard motor to be towed S. [ ; .H and
70 (C) the Internet website address that provides access to towing database information in
71 accordance with Section 41-6a-1406 ] .S .
71a H. (c) Signage is not required under Subsection (2)(b) for parking in a location:
71b (i) that is prohibited by law;
71c (ii) that is prohibited by a declaration of the conditions, covenants, and restrictions or
71d by a contract; or
71e (iii) if it is reasonably apparent that the location is not open to parking.
71f (d) Nothing in this Subsection (2)(b) restricts the ability of a mobile home park as
71g defined in Section 57-16-3 or a multifamily dwelling from instituting and enforcing regulations
71h on parking. .H
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 1-7-08 10:54 AM

Office of Legislative Research and General Counsel