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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; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 72-9-603, as last amended by Laws of Utah 2005, Chapter 2
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
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 [
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
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:
60 (b) (i) A tow truck operator or tow 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
64 (A) a mobile home park as defined in Section 57-16-3 ; or
65 (B) a multifamily dwelling of more than four units.
66 (ii) Signage under Subsection (2)(b)(i) shall display:
67 (A) where parking is subject to towing;
68 (B) the name and phone number of the tow truck operator or tow truck motor carrier
69 that performs a tow truck service for the locations listed under Subsection (2)(b)(i); and
70 (C) the Internet website address that provides access to towing database information in
71 accordance with Section 41-6a-1406 .
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