H.B. 195

1

MOTOR CARRIER AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Carrier Safety Act by amending tow truck provisions.
10 Highlighted Provisions:
11 This bill:
12 . prohibits certain tow truck operators or tow truck motor carriers from performing a
13 tow truck service from a vacant commercial property without the vehicle, vessel, or
14 outboard motor owner's or a lien holder's knowledge under certain conditions;
15 . requires signs to notify the public where parking is subject to towing;
16 . provides for specifications, content, and spacing of the "subject to towing" signs;
17 . exempts a vacant commercial property from the "subject to towing" sign
18 requirements if fewer than a certain number of tow truck services are performed;
19 and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 72-9-603 , as last amended by Laws of Utah 2013, Chapter 328

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 72-9-603 is amended to read:
31 72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
32 vehicle title restrictions -- Rules for maximum rates and certification.
33 (1) Except for a tow truck service that was ordered by a peace officer, or a person
34 acting on behalf of a law enforcement agency, or a highway authority, after performing a tow
35 truck service that is being done without the vehicle, vessel, or outboard motor owner's
36 knowledge, the tow truck operator or the tow truck motor carrier shall:
37 (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
38 or outboard motor:
39 (i) send a report of the removal to the Motor Vehicle Division that complies with the
40 requirements of Subsection 41-6a-1406 (4)(b); and
41 (ii) contact the law enforcement agency having jurisdiction over the area where the
42 vehicle, vessel, or outboard motor was picked up and notify the agency of the:
43 (A) location of the vehicle, vessel, or outboard motor;
44 (B) date, time, and location from which the vehicle, vessel, or outboard motor was
45 removed;
46 (C) reasons for the removal of the vehicle, vessel, or outboard motor;
47 (D) person who requested the removal of the vehicle, vessel, or outboard motor; and
48 (E) vehicle, vessel, or outboard motor's description, including its identification number
49 and license number or other identification number issued by a state agency;
50 (b) within two business days of performing the tow truck service under Subsection
51 (1)(a), send a certified letter to the last-known address of the registered owner and lien holder
52 of the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the
53 person has actual knowledge of the owner's address to the current address, notifying the owner
54 of the:
55 (i) location of the vehicle, vessel, or outboard motor;
56 (ii) date, time, location from which the vehicle, vessel, or outboard motor was
57 removed;
58 (iii) reasons for the removal of the vehicle, vessel, or outboard motor;

59 (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
60 (v) a description, including its identification number and license number or other
61 identification number issued by a state agency; and
62 (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
63 (c) upon initial contact with the owner whose vehicle, vessel, or outboard motor was
64 removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
65 Towing established by the department in Subsection [(7)] (11)(e).
66 (2) [(a)] Until the tow truck operator or tow truck motor carrier reports the removal as
67 required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
68 yard may not:
69 [(i)] (a) collect any fee associated with the removal; or
70 [(ii)] (b) begin charging storage fees.
71 [(b) (i)] (3) (a) Except as provided in Subsection [(2)(c)] (5)(a), a tow truck operator or
72 tow truck motor carrier may not perform a tow truck service without the vehicle, vessel, or
73 outboard motor owner's or a lien holder's knowledge at either of the following locations
74 without signage that meets the requirements of Subsection [(2)(b)(ii)] (3)(b):
75 [(A)] (i) a mobile home park as defined in Section 57-16-3 ; or
76 [(B)] (ii) a multifamily dwelling of more than eight units.
77 [(ii)] (b) Signage under Subsection [(2)(b)(i)] (3)(a) shall display:
78 [(A)] (i) where parking is subject to towing; [and]
79 [(B) (I)] (ii) the Internet website address that provides access to towing database
80 information in accordance with Section 41-6a-1406 ; [or] and
81 [(II)] (iii) one of the following:
82 [(Aa)] (A) the name and phone number of the tow truck operator or tow truck motor
83 carrier that performs a tow truck service for the locations listed under Subsection [(2)(b)(i)]
84 (3)(a); or
85 [(Bb)] (B) the name of the mobile home park or multifamily dwelling and the phone
86 number of the mobile home park or multifamily dwelling manager or management office that
87 authorized the vehicle, vessel, or outboard motor to be towed.
88 (4) (a) Except as provided in Subsection (5)(b), a tow truck operator or tow truck
89 motor carrier may not perform a tow truck service from a vacant commercial property without

90 the vehicle, vessel, or outboard motor owner's or a lien holder's knowledge, unless the
91 commercial property meets the signage requirements of Subsection (4)(b).
92 (b) The sign required under Subsection (4)(a) shall:
93 (i) be placed:
94 (A) at each entrance and exit to the vacant commercial property; and
95 (B) if the vacant commercial property is adjacent to an occupied commercial property
96 or parking lot, every 20 feet along the property line between the vacant commercial property
97 and the occupied commercial property or parking lot;
98 (ii) include:
99 (A) not less than 16 square feet of surface area on each sign;
100 (B) lettering of not less than the size required for the words "Speed Limit" on a sign on
101 an interstate freeway; and
102 (iii) clearly display:
103 (A) where parking is subject to towing;
104 (B) the Internet website address that provides access to towing database information in
105 accordance with Section 41-6a-1406 ;
106 (C) the name and phone number of the tow truck operator or tow truck motor carrier
107 that performs a tow truck service for the vacant commercial property; and
108 (D) the name of the vacant commercial property and the phone number of the vacant
109 commercial property manager or management office that authorized the vehicle, vessel, or
110 outboard motor to be towed.
111 [(c)] (5) (a) Signage is not required under Subsection [(2)(b)] (3) for parking in a
112 location:
113 (i) that is prohibited by law; or
114 (ii) if it is reasonably apparent that the location is not open to parking.
115 (b) The provisions of Subsection (4) do not apply to a vacant commercial property if a
116 tow truck service has towed a vehicle without the vehicle, vessel, or outboard motor owner's or
117 a lien holder's knowledge, from the vacant commercial property fewer than:
118 (i) 52 times in the previous 12 calendar months; and
119 (ii) four times in the previous calendar month.
120 [(d)] (6) Nothing in Subsection [(2)(b)] (3)(a) restricts the ability of a mobile home

121 park as defined in Section 57-16-3 or a multifamily dwelling from instituting and enforcing
122 regulations on parking.
123 [(3)] (7) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
124 responsible for paying:
125 (a) the tow truck service and storage fees set in accordance with Subsection [(7)] (11);
126 and
127 (b) the administrative impound fee set in Section 41-6a-1406 , if applicable.
128 [(4)] (8) The fees under Subsection [(3)] (7) are a possessory lien on the vehicle,
129 non-life essential items that are owned by the owner of the vehicle and securely stored by the
130 tow truck operator, vessel, or outboard motor until paid.
131 [(5)] (9) A person may not request a transfer of title to an abandoned vehicle until at
132 least 30 days after notice has been sent under Subsection (1)(b).
133 [(6)] (10) (a) A tow truck motor carrier or impound yard shall clearly and
134 conspicuously post and disclose all its current fees, rates, and acceptable forms of payment for
135 tow truck service and storage of a vehicle in accordance with rules established under
136 Subsection [(7)] (11).
137 (b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
138 payment by cash and debit or credit card for a tow truck service under Subsection (1) or any
139 service rendered, performed, or supplied in connection with a tow truck service under
140 Subsection (1).
141 [(7)] (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
142 Act, the Department of Transportation shall:
143 (a) set maximum rates that:
144 (i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
145 or outboard motor that are transported in response to:
146 (A) a peace officer dispatch call;
147 (B) a motor vehicle division call; and
148 (C) any other call or request where the owner of the vehicle, vessel, or outboard motor
149 has not consented to the removal; and
150 (ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor
151 stored as a result of one of the conditions listed under Subsection [(7)] (11)(a)(i);

152 (b) establish authorized towing certification requirements, not in conflict with federal
153 law, related to incident safety, clean-up, and hazardous material handling;
154 (c) specify the form and content of the posting and disclosure of fees and rates charged
155 and acceptable forms of payment by a tow truck motor carrier or impound yard;
156 (d) set a maximum rate for an administrative fee that a tow truck motor carrier may
157 charge for reporting the removal as required under Subsection (1)(a)(i) and providing notice of
158 the removal to the registered owner and lienholder of the vehicle, vessel, or outboard motor as
159 required in Subsection (1)(b); and
160 (e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
161 specific information regarding:
162 (i) a vehicle owner's rights and responsibilities if the owner's vehicle is towed;
163 (ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow
164 truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or
165 request where the owner of the vehicle, vessel, or outboard motor has not consented to the
166 removal; and
167 (iii) identifies the maximum rates that an impound yard may charge for the storage of
168 vehicle, vessel, or outboard motor that is transported in response to a call or request where the
169 owner of the vehicle, vessel, or outboard motor has not consented to the removal.
170 [(8) By August 31, 2013, the department shall report and make recommendations to the
171 Transportation Interim Committee regarding:]
172 [(a) the methods the department uses to set maximum rates of fees established by the
173 department under Subsection (7);]
174 [(b) the methods used by other entities to set maximum rates of fees equivalent to the
175 fees established by the department under Subsection (7); and]
176 [(c) administering state laws and rules pertaining to towing including the procedures
177 for tow truck motor carrier violations.]




Legislative Review Note
as of 2-6-14 12:41 PM

Office of Legislative Research and General Counsel