1     
TOWING SURCHARGE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Keven J. Stratton

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to tow truck operations.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts a provision related to the collection of a credit card processing fee by a tow
13     truck driver, a tow truck motor carrier, or an impound yard.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          72-9-603, as last amended by Laws of Utah 2014, Chapter 249
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 72-9-603 is amended to read:
24          72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
25     vehicle title restrictions -- Rules for maximum rates and certification.
26          (1) Except for a tow truck service that was ordered by a peace officer, or a person
27     acting on behalf of a law enforcement agency, or a highway authority, after performing a tow

28     truck service that is being done without the vehicle, vessel, or outboard motor owner's
29     knowledge, the tow truck operator or the tow truck motor carrier shall:
30          (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
31     or outboard motor:
32          (i) send a report of the removal to the Motor Vehicle Division that complies with the
33     requirements of Subsection 41-6a-1406(4)(b); and
34          (ii) contact the law enforcement agency having jurisdiction over the area where the
35     vehicle, vessel, or outboard motor was picked up and notify the agency of the:
36          (A) location of the vehicle, vessel, or outboard motor;
37          (B) date, time, and location from which the vehicle, vessel, or outboard motor was
38     removed;
39          (C) reasons for the removal of the vehicle, vessel, or outboard motor;
40          (D) person who requested the removal of the vehicle, vessel, or outboard motor; and
41          (E) vehicle, vessel, or outboard motor's description, including its identification number
42     and license number or other identification number issued by a state agency;
43          (b) within two business days of performing the tow truck service under Subsection
44     (1)(a), send a certified letter to the last-known address of the registered owner and lien holder
45     of the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the
46     person has actual knowledge of the owner's address to the current address, notifying the owner
47     of the:
48          (i) location of the vehicle, vessel, or outboard motor;
49          (ii) date, time, location from which the vehicle, vessel, or outboard motor was
50     removed;
51          (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
52          (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
53          (v) a description, including its identification number and license number or other
54     identification number issued by a state agency; and
55          (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
56          (c) upon initial contact with the owner whose vehicle, vessel, or outboard motor was
57     removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
58     Towing established by the department in Subsection (7)(e).

59          (2) (a) Until the tow truck operator or tow truck motor carrier reports the removal as
60     required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
61     yard may not:
62          (i) collect any fee associated with the removal; or
63          (ii) begin charging storage fees.
64          (b) (i) Except as provided in Subsection (2)(c), a tow truck operator or tow truck motor
65     carrier may not perform a tow truck service without the vehicle, vessel, or outboard motor
66     owner's or a lien holder's knowledge at either of the following locations without signage that
67     meets the requirements of Subsection (2)(b)(ii):
68          (A) a mobile home park as defined in Section 57-16-3; or
69          (B) a multifamily dwelling of more than eight units.
70          (ii) Signage under Subsection (2)(b)(i) shall display:
71          (A) where parking is subject to towing; and
72          (B) (I) the Internet website address that provides access to towing database information
73     in accordance with Section 41-6a-1406; or
74          (II) one of the following:
75          (Aa) the name and phone number of the tow truck operator or tow truck motor carrier
76     that performs a tow truck service for the locations listed under Subsection (2)(b)(i); or
77          (Bb) the name of the mobile home park or multifamily dwelling and the phone number
78     of the mobile home park or multifamily dwelling manager or management office that
79     authorized the vehicle, vessel, or outboard motor to be towed.
80          (c) Signage is not required under Subsection (2)(b) for parking in a location:
81          (i) that is prohibited by law; or
82          (ii) if it is reasonably apparent that the location is not open to parking.
83          (d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined
84     in Section 57-16-3 or a multifamily dwelling from instituting and enforcing regulations on
85     parking.
86          (3) The owner of a vehicle, vessel, or outboard motor lawfully removed is only
87     responsible for paying:
88          (a) the tow truck service and storage fees set in accordance with Subsection (7); and
89          (b) the administrative impound fee set in Section 41-6a-1406, if applicable.

90          (4) The fees under Subsection (3) are a possessory lien on the vehicle, non-life
91     essential items that are owned by the owner of the vehicle and securely stored by the tow truck
92     operator, vessel, or outboard motor until paid.
93          (5) A person may not request a transfer of title to an abandoned vehicle until at least 30
94     days after notice has been sent under Subsection (1)(b).
95          (6) (a) A tow truck motor carrier or impound yard shall clearly and conspicuously post
96     and disclose all its current fees, rates, and acceptable forms of payment for tow truck service
97     and storage of a vehicle in accordance with rules established under Subsection (7).
98          (b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
99     payment by cash and debit or credit card for a tow truck service under Subsection (1) or any
100     service rendered, performed, or supplied in connection with a tow truck service under
101     Subsection (1).
102          (c) A tow truck operator, a tow truck motor carrier, or an impound yard, when
103     receiving payment by credit card, may charge a credit card processing fee in an amount equal to
104     the lesser of:
105          (i) the actual cost of processing the credit card transaction; or
106          (ii) 3% of the transaction total.
107          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
108     Department of Transportation shall:
109          (a) subject to the restriction in Subsection (8), set maximum rates that:
110          (i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
111     or outboard motor that are transported in response to:
112          (A) a peace officer dispatch call;
113          (B) a motor vehicle division call; and
114          (C) any other call or request where the owner of the vehicle, vessel, or outboard motor
115     has not consented to the removal; and
116          (ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor
117     stored as a result of one of the conditions listed under Subsection (7)(a)(i);
118          (b) establish authorized towing certification requirements, not in conflict with federal
119     law, related to incident safety, clean-up, and hazardous material handling;
120          (c) specify the form and content of the posting and disclosure of fees and rates charged

121     and acceptable forms of payment by a tow truck motor carrier or impound yard;
122          (d) set a maximum rate for an administrative fee that a tow truck motor carrier may
123     charge for reporting the removal as required under Subsection (1)(a)(i) and providing notice of
124     the removal to the registered owner and lienholder of the vehicle, vessel, or outboard motor as
125     required in Subsection (1)(b); and
126          (e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
127     specific information regarding:
128          (i) a vehicle owner's rights and responsibilities if the owner's vehicle is towed;
129          (ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow
130     truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or
131     request where the owner of the vehicle, vessel, or outboard motor has not consented to the
132     removal; and
133          (iii) identifies the maximum rates that an impound yard may charge for the storage of
134     vehicle, vessel, or outboard motor that is transported in response to a call or request where the
135     owner of the vehicle, vessel, or outboard motor has not consented to the removal.
136          (8) An impound yard may not charge a fee for the storage of an impounded vehicle,
137     vessel, or outboard motor if:
138          (a) the vehicle, vessel, or outboard motor is being held as evidence; and
139          (b) the vehicle, vessel, or outboard motor is not being released to the registered owner,
140     lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
141     satisfies the requirements to release the vehicle, vessel, or outboard motor under Section
142     41-6a-1406.






Legislative Review Note
Office of Legislative Research and General Counsel