1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends Section 41-6a-215 to require parking lot owners to post towing signs.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires owners of parking lots to post towing signs;
13 ▸ prohibits any tow truck service from towing at any noncompliant lot;
14 ▸ provides guidelines for the attributes and contents of each sign;
15 ▸ provides for towing after 24 hours when other signage requirements aren't met; and
16 ▸ modifies provisions relating to prohibitions on local laws' interference with
17 statutory towing laws or rules.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 41-6a-214, as renumbered and amended by Laws of Utah 2005, Chapter 2
25 41-6a-215, as renumbered and amended by Laws of Utah 2005, Chapter 2
26 72-9-604, as last amended by Laws of Utah 2017, Chapter 298
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-214 is amended to read:
30 41-6a-214. Quasi-public roads and parking areas -- Local ordinances.
31 (1) As used in this section, "quasi-public road or parking area" means a privately
32 owned and maintained road or parking area that is generally held open for use of the public for
33 purposes of vehicular travel or parking.
34 (2) (a) Any municipality or county may by ordinance provide that a quasi-public road
35 or parking area within the municipality or county is subject to this chapter.
36 (b) An ordinance may not be enacted under this section without:
37 (i) a public hearing; and
38 (ii) the agreement of a majority of the owners of the quasi-public road or parking area
39 involved.
40 (3) This section:
41 (a) supercedes conflicting provisions under [
42 (b) does not require a peace officer to patrol or enforce any provisions of this chapter
43 on any quasi-public road or parking area; or
44 (c) does not affect the duty of a peace officer to enforce those provisions of this chapter
45 applicable to private property other than under this section.
46 Section 2. Section 41-6a-215 is amended to read:
47 41-6a-215. Right of real property owner to regulate traffic.
48 (1) As used in this section, "certified tow truck motor carrier" means a tow truck
49 operator or tow truck motor carrier that has a current authorized towing certificate as described
50 in Subsection 72-9-602(1)(c).
51 (2) Except as provided under Section 41-6a-214, this chapter does not prevent the
52 owner of real property used by the public for purposes of vehicular travel by permission of the
53 owner and not as matter of right from:
54 [
55 [
56 [
57 (3) Except as provided in Subsection (4) or (5), a person may not perform a tow truck
58 service at any parking lot where towing occurs without the vehicle owner's or a lien holder's
59 knowledge unless signage that meets the following requirements is present:
60 (a) The owner of a parking lot where towing occurs shall install signs at the entrances
61 of the lot and at least one other area in the lot.
62 (b) Each sign shall be no less than 18 inches wide by 24 inches high, have red letters
63 on a white background, and shall state in reflective lettering:
64 (i) the conditions under which towing will occur;
65 (ii) the consequence for parking under those conditions;
66 (iii) one of the following:
67 (A) the name and phone number of the certified tow truck motor carrier that performs
68 the towing service for the owner of the real property; or
69 (B) the name of the property manager and the phone number of the property manager
70 or management office that has authorized towing to occur;
71 (iv) the internet website address that provides access to towing database information in
72 accordance with Section 41-6a-1406; and
73 (v) on the uppermost portion of the sign, the international towing symbol
74 recommended by the "Manual on Uniform Traffic Control Devices for Streets and Highways."
75 (c) A sign may provide a link or address to the Utah Consumer Bill of Rights
76 Regarding Towing, or other similar document provided by the Utah Department of
77 Transportation.
78 (4) Notwithstanding Subsection (3), a certified tow truck motor carrier may perform a
79 tow truck service on that lot if:
80 (a) before a vehicle, vessel, or outboard motor is towed, a certified tow truck motor
81 carrier posts written notice of intent to tow on the vehicle, vessel, or outboard motor that
82 contains the following information:
83 (i) notice that if the vehicle, vessel, or outboard motor is not removed from the
84 property within 24 hours, the vehicle, vessel, or outboard motor will be towed to an impound
85 yard;
86 (ii) the date and time of posting of the notice;
87 (iii) the name and phone number of the certified tow truck motor carrier that will
88 perform the tow; and
89 (iv) the internet website address that provides access to towing database information in
90 accordance with Section 41-6a-1406.
91 (b) the certified tow truck motor carrier creates and retains for a period of one year:
92 (i) a time stamped photograph of the notice placed on the vehicle;
93 (ii) other documentation showing the date and time the notice was placed on the
94 vehicle; and
95 (iii) documentation showing the date and time the vehicle was removed from the
96 property 24 hours or more after notice was posted; and
97 (c) the name, phone number, and website of the certified tow truck motor carrier that
98 the owner has used for the tow is available at any office or place of business of the owner that
99 is associated with or adjacent to the parking lot.
100 (5) A tow truck service may be performed without the vehicle owner's knowledge, and
101 the signage requirements under Subsection (3) are not required for parking:
102 (a) in a location that is prohibited by law; or
103 (b) where it is reasonably apparent that the location is not open to parking.
104 (6) Notwithstanding any other provision of law, a political subdivision of this state
105 must follow any rules or standards adopted under Section 72-9-604.
106 Section 3. Section 72-9-604 is amended to read:
107 72-9-604. Regulatory powers of local authorities -- Tow trucks.
108 (1) (a) Notwithstanding any other provision of law, a political subdivision of this state
109 may [
110 truck motor carrier, tow truck operator, or tow truck that [
111 (i) any provision of this part;
112 (ii) Section 41-6a-215;
113 [
114 [
115 [
116 (b) A county or municipal legislative governing body may not charge a fee for the
117 storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:
118 (i) is holding the vehicle, vessel, or outboard motor as evidence; and
119 (ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien
120 holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
121 satisfies the requirements to release the vehicle, vessel, or outboard motor under Section
122 41-6a-1406.
123 (2) A tow truck motor carrier that has a county or municipal business license for a
124 place of business located within that county or municipality may not be required to obtain
125 another business license in order to perform a tow truck service in another county or
126 municipality if there is not a business location in the other county or municipality.
127 (3) A county or municipal legislative or governing body may not require a tow truck
128 motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing
129 certificate by the department, as described in Section 72-9-602, to obtain an additional towing
130 certificate.
131 (4) A county or municipal legislative body may require an annual tow truck safety
132 inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:
133 (a) no fee is charged for the inspection; and
134 (b) the inspection complies with federal motor carrier safety regulations.
135 (5) A tow truck shall be subject to only one annual safety inspection under Subsection
136 (4)(b). A county or municipality that requires the additional annual safety inspection shall
137 accept the same inspection performed by another county or municipality.