This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 20, 2020 at 11:12 AM by lpoole.
1     
TOWING SIGNAGE REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     Committee Note:
9          The Transportation Interim Committee recommended this bill.
10               Legislative Vote:     10 voting for     1 voting against     7 absent
11     General Description:
12          This bill revises provisions related to towing.
13     Highlighted Provisions:
14          This bill:
15          ▸     prohibits towing from private property unless certain requirements are met;
16          ▸     allows political subdivisions and state agencies to enforce certain towing
17     regulations;
18          ▸     provides certain signage requirements where parking is enforced by towing;
19          ▸     allows towing from property without signage after providing 24 hour written notice;
20          ▸     establishes an affirmative defense to certain claims arising from towing; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          72-9-603, as last amended by Laws of Utah 2019, Chapter 373
29          72-9-604, as last amended by Laws of Utah 2019, Chapter 373
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 72-9-603 is amended to read:
33          72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned
34     vehicle title restrictions -- Rules for maximum rates and certification.
35          (1) Except for a tow truck service that was ordered by a peace officer, [or] a person
36     acting on behalf of a law enforcement agency, or a highway authority, after performing a tow
37     truck service that is being done without the vehicle, vessel, or outboard motor owner's
38     knowledge, the tow truck operator or the tow truck motor carrier shall:
39          (a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,
40     or outboard motor:
41          (i) send a report of the removal to the Motor Vehicle Division that complies with the
42     requirements of Subsection 41-6a-1406(4)(b); and
43          (ii) contact the law enforcement agency having jurisdiction over the area where the
44     vehicle, vessel, or outboard motor was picked up and notify the agency of the:
45          (A) location of the vehicle, vessel, or outboard motor;
46          (B) date, time, and location from which the vehicle, vessel, or outboard motor was
47     removed;
48          (C) reasons for the removal of the vehicle, vessel, or outboard motor;
49          (D) person who requested the removal of the vehicle, vessel, or outboard motor; and
50          (E) description, including the identification number, license number, or other
51     identification number issued by a state agency, of the vehicle, vessel, or outboard motor;
52          (b) within two business days of performing the tow truck service under Subsection
53     (1)(a), send a certified letter to the last-known address of each party described in Subsection
54     41-6a-1406(5)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the
55     Motor Vehicle Division or, if the person has actual knowledge of the party's address, to the
56     current address, notifying the party of the:
57          (i) location of the vehicle, vessel, or outboard motor;
58          (ii) date, time, and location from which the vehicle, vessel, or outboard motor was
59     removed;
60          (iii) reasons for the removal of the vehicle, vessel, or outboard motor;
61          (iv) person who requested the removal of the vehicle, vessel, or outboard motor;
62          (v) a description, including its identification number and license number or other
63     identification number issued by a state agency; and
64          (vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
65          (c) upon initial contact with the owner whose vehicle, vessel, or outboard motor was
66     removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
67     Towing established by the department in Subsection [(7)] (16)(e).
68          (2) [(a)] Until the tow truck operator or tow truck motor carrier reports the removal as
69     required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
70     yard may not:
71          [(i)] (a) collect any fee associated with the removal; or
72          [(ii)] (b) begin charging storage fees.
73          [(b) (i) Except as provided in Subsection (2)(c), a tow truck operator or tow truck
74     motor carrier may not perform a tow truck service without the vehicle, vessel, or outboard
75     motor owner's or a lien holder's knowledge at either of the following locations without signage
76     that meets the requirements of Subsection (2)(b)(ii):]
77          [(A) a mobile home park as defined in Section 57-16-3; or]
78          [(B) a multifamily dwelling of more than eight units.]
79          [(ii) Signage under Subsection (2)(b)(i) shall display:]
80          [(A) where parking is subject to towing; and]
81          [(B) (I) the Internet website address that provides access to towing database
82     information in accordance with Section 41-6a-1406; or]
83          [(II) one of the following:]
84          [(Aa) the name and phone number of the tow truck operator or tow truck motor carrier
85     that performs a tow truck service for the locations listed under Subsection (2)(b)(i); or]
86          [(Bb) the name of the mobile home park or multifamily dwelling and the phone
87     number of the mobile home park or multifamily dwelling manager or management office that
88     authorized the vehicle, vessel, or outboard motor to be towed.]
89          [(c) Signage is not required under Subsection (2)(b) for parking in a location:]
90          [(i) that is prohibited by law; or]
91          [(ii) if it is reasonably apparent that the location is not open to parking.]
92          [(d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined
93     in Section 57-16-3 or a multifamily dwelling from instituting and enforcing regulations on
94     parking.]
95          (3) (a) Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck
96     motor carrier may not perform a tow truck service at the request or direction of a private
97     property owner or the property owner's agent unless:
98          (i) the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
99     tow truck service; or
100          (ii) the property owner erects signage that meets the requirements of:
101          (A) Subsection (4)(b)(ii); and
102          (B) Subsection (7) or (8).
103          (b) Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or
104     outboard motor:
105          (i) from a location where parking is prohibited by law, including:
106          (A) a designated fire lane;
107          (B) within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking
108     stall or space; or
109          (C) a marked parking stall or space legally designated for disabled persons;
110          (ii) from a location where it is reasonably apparent that the location is not open to
111     parking;
112          (iii) from a location where all public access points are controlled by:
113          (A) a permanent gate, door, or similar feature allowing the vehicle to access the
114     facility; or
115          (B) a parking attendant;
116          (iv) from a location that materially interferes with access to private property;
117          (v) from the property of a detached single-family dwelling or duplex; or
118          (vi) pursuant to a legal repossession.
119          (4) (a) A private property owner may, subject to the requirements of a local ordinance,
120     enforce parking restrictions by:
121          (i) authorizing a tow truck motor carrier to patrol and monitor the property and enforce
122     parking restrictions on behalf of the property owner in accordance with Subsection (7);
123          (ii) enforcing parking restrictions as needed by requesting a tow from a tow truck
124     motor carrier on a case-by-case basis in accordance with Subsection (8); or
125          (iii) requesting a tow from a tow truck motor carrier after providing 24 hour written
126     notice in accordance with Subsection (9).
127          (b) (i) Any agreement between a private property owner and tow truck motor carrier
128     authorizing the tow truck motor carrier to patrol and monitor the property under Subsection
129     (4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a
130     vehicle, vessel, or outboard motor from the property.
131          (ii) In addition to the signage described in Subsection (7) or (8), a private property
132     owner who allows public parking shall erect appropriate signage on the property indicating
133     clear instructions for parking at the property.
134          (iii) Where a single parking area includes abutting parcels of property owned by two or
135     more private property owners who enforce different parking restrictions under Subsection (7)
136     or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8),
137     erect signage as required by this section:
138          (A) at each entrance to the property owner's parcel from another property owner's
139     parcel; and
140          (B) if there is no clearly defined entrance between one property owner's parcel and
141     another property owner's parcel, at intervals of 40 feet or less along the line dividing the
142     property owner's parcel from the other property owner's parcel.
143          (iv) Where there is no clearly defined entrance to a parking area from a highway, the
144     property owner shall erect signage as required by this section at intervals of 40 feet or less
145     along any portion of a property line where a vehicle, vessel, or outboard motor may enter the
146     parking area.
147          (5) Nothing in Subsection (3) or (4) restricts the ability of a private property owner
148     from, subject to the provisions of this section, instituting and enforcing regulations for parking
149     at the property.
150          (6) In addition to any other powers provided by law, a political subdivision or state
151     agency may:
152          (a) enforce parking restrictions in accordance with Subsections (7) through (9) on
153     property that is:
154          (i) owned by the political subdivision or state agency;
155          (ii) located outside of the public right-of-way; and
156          (iii) open to public parking; and
157          (b) request or direct a tow truck service in order to abate a public nuisance on private
158     property over which the political subdivision or state agency has jurisdiction.
159          (7) For private property where parking is enforced under Subsection (4)(a)(i), the
160     property owner shall ensure that each entrance to the property has the following signs located
161     on the property and clearly visible to the driver of a vehicle entering the property:
162          (a) a top sign that is 24 inches tall by 18 inches wide and has:
163          (i) a blue, reflective background with a 1/2 inch white Ŝ→ [, reflective] ←Ŝ border;
164          (ii) two-inch, white Ŝ→ [, reflective] ←Ŝ letters at the top of the sign with the capitalized
164a     words
165     "Lot is Patrolled";
166          (iii) a white Ŝ→ [, reflective] ←Ŝ towing logo that is six inches tall and 16 inches wide that
167     depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and
168          (iv) two-inch, white Ŝ→ [, reflective] ←Ŝ letters at the bottom of the sign with the
168a     capitalized
169     words "Towing Enforced"; and
170          (b) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white,
171     reflective border, and has:
172          (i) a top half that is red Ŝ→ [, reflective] ←Ŝ background with white, reflective letters
172a     indicating:
173          (A) who is authorized to park or restricted from parking at the property; and
174          (B) any type of vehicle prohibited from parking at the property; and
175          (ii) a bottom half that has a white, reflective background with red Ŝ→ [, reflective] ←Ŝ
175a      letters
176     indicating:
177          (A) the name and telephone number of the tow truck motor carrier that the property
178     owner has authorized to patrol the property; and
179          (B) the Internet web address "tow.utah.gov".
180          (8) For private property where parking is enforced under Subsection (4)(a)(ii):
181          (a) a tow truck motor carrier may not:
182          (i) patrol and monitor the property;
183          (ii) perform a tow truck service without the written or verbal request of the property
184     owner or the property owner's agent; or
185          (iii) act as the property owner's agent to request a tow truck service; and
186          (b) the property owner shall ensure that each entrance to the property has a clearly
187     visible sign located on the property that is 24 inches tall by 18 inches wide with a 1/2 inch
188     white, reflective border, and has:
189          (i) at the top of the sign, a blue Ŝ→ [, reflective] ←Ŝ background with a white, reflective
189a     towing
190     logo that is at least 4 inches tall and 16 inches wide that depicts an entire tow truck, a tow
191     hook, and an entire vehicle being towed;
192          (ii) immediately below the towing logo described in Subsection (8)(b)(i), a
193     blue Ŝ→ [, reflective] ←Ŝ background with white, reflective letters at least 2 inches tall with the
194     capitalized words "Towing Enforced";
195          (iii) in the middle of the sign, a red Ŝ→ [, reflective] ←Ŝ background with white, reflective
195a     letters
196     at least 1 inch tall indicating:
197          (A) who is authorized to park or restricted from parking at the property; and
198          (B) any type of vehicle prohibited from parking at the property; and
199          (iv) at the bottom of the sign, a white, reflective background with red Ŝ→ [, reflective] ←Ŝ
199a      letters
200     at least 1 inch tall indicating:
201          (A) either:
202          (I) the name and telephone number of the property owner or the property owner's agent
203     who is authorized to request a tow truck service; or
204          (II) the name and telephone number of the tow truck motor carrier that provides tow
205     truck services for the property; and
206          (B) the Internet web address "tow.utah.gov".
207          (9) (a) For private property without signage meeting the requirements of Subsection
208     (7) or (8), the property owner may request a tow truck motor carrier to remove a vehicle,
209     vessel, or outboard motor from the private property 24 hours after the property owner or the
210     property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in
211     accordance with this subsection.
212          (b) The written notice described in Subsection (9)(a) shall:
213          (i) indicate the exact time when the written notice is affixed to the vehicle, vessel, or
214     outboard motor;
215          (ii) warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or
216     outboard motor will be towed from the property if it is not removed within 24 hours after the
217     time indicated in Subsection (9)(b)(i);
218          (iii) be at least 4 inches tall and 4 inches wide; and
219          (iv) be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
220     the driver's side window of the vehicle, vessel, or outboard motor.
221          (c) A property owner may authorize a tow truck motor carrier to act as the property
222     owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a
223     vehicle, vessel, or outboard motor.
224          (10) The department shall publish on the department Internet website the signage
225     requirements and written notice requirements and illustrated or photographed examples of the
226     signage and written notice requirements described in Subsections (7) through (9).
227          (11) It is an affirmative defense to any claim, based on the lack of notice, that arises
228     from the towing of a vehicle, vessel, or outboard motor from private property that the property
229     had signage meeting the requirements of:
230          (a) Subsection (4)(b)(ii); and
231          (b) Subsection (7) or (8).
232          [(3)] (12) The party described in Subsection 41-6a-1406(5)(a) with an interest in a
233     vehicle, vessel, or outboard motor lawfully removed is only responsible for paying:
234          (a) the tow truck service and storage fees set in accordance with Subsection [(7)] (16);
235     and
236          (b) the administrative impound fee set in Section 41-6a-1406, if applicable.
237          [(4)] (13) (a) The fees under Subsection [(3)] (12) are a possessory lien on the vehicle,
238     vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or
239     outboard motor that are owned by the owner of the vehicle, vessel, or outboard motor until
240     paid.
241          (b) The tow truck operator or tow truck motor carrier shall securely store the vehicle,
242     vessel, or outboard motor and items described in Subsection [(4)] (13)(a) in an approved state
243     impound yard until a party described in Subsection 41-6a-1406(5)(a) with an interest in the
244     vehicle, vessel, or outboard motor:
245          (i) pays the fees described in Subsection [(3)] (12); and
246          (ii) removes the vehicle, vessel, or outboard motor from the state impound yard.
247          [(5)] (14) (a) A vehicle, vessel, or outboard motor shall be considered abandoned if a
248     party described in Subsection 41-6a-1406(5)(a) with an interest in the vehicle, vessel, or
249     outboard motor does not, within 30 days after notice has been sent under Subsection (1)(b):
250          (i) pay the fees described in Subsection [(3)] (12); and
251          (ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
252          (b) A person may not request a transfer of title to an abandoned vehicle, vessel, or
253     outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).
254          [(6)] (15) (a) A tow truck motor carrier or impound yard shall clearly and
255     conspicuously post and disclose all its current fees, rates, and acceptable forms of payment for
256     tow truck service and storage of a vehicle in accordance with rules established under
257     Subsection [(7)] (16).
258          (b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
259     payment by cash and debit or credit card for a tow truck service under Subsection (1) or any
260     service rendered, performed, or supplied in connection with a tow truck service under
261     Subsection (1).
262          [(7)] (16) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
263     Act, the department shall:
264          (a) subject to the restriction in Subsection [(8)] (17), set maximum rates that:
265          (i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
266     or outboard motor that are transported in response to:
267          (A) a peace officer dispatch call;
268          (B) a motor vehicle division call; and
269          (C) any other call or request where the owner of the vehicle, vessel, or outboard motor
270     has not consented to the removal; and
271          (ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor
272     stored as a result of one of the conditions listed under Subsection [(7)] (16)(a)(i);
273          (b) establish authorized towing certification requirements, not in conflict with federal
274     law, related to incident safety, clean-up, and hazardous material handling;
275          (c) specify the form and content of the posting and disclosure of fees and rates charged
276     and acceptable forms of payment by a tow truck motor carrier or impound yard;
277          (d) set a maximum rate for an administrative fee that a tow truck motor carrier may
278     charge for reporting the removal as required under Subsection (1)(a)(i) and providing notice of
279     the removal to each party described in Subsection 41-6a-1406(5)(a) with an interest in the
280     vehicle, vessel, or outboard motor as required in Subsection (1)(b); and
281          (e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
282     specific information regarding:
283          (i) a vehicle owner's rights and responsibilities if the owner's vehicle is towed;
284          (ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow
285     truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or
286     request where the owner of the vehicle, vessel, or outboard motor has not consented to the
287     removal; and
288          (iii) identifies the maximum rates that an impound yard may charge for the storage of
289     vehicle, vessel, or outboard motor that is transported in response to a call or request where the
290     owner of the vehicle, vessel, or outboard motor has not consented to the removal.
291          [(8)] (17) An impound yard may not charge a fee for the storage of an impounded
292     vehicle, vessel, or outboard motor if:
293          (a) the vehicle, vessel, or outboard motor is being held as evidence; and
294          (b) the vehicle, vessel, or outboard motor is not being released to a party described in
295     Subsection 41-6a-1406(5)(a), even if the party satisfies the requirements to release the vehicle,
296     vessel, or outboard motor under Section 41-6a-1406.
297          [(9)] (18) (a) (i) A tow truck motor carrier may charge a rate up to the maximum rate
298     set by the department in rules made under Subsection [(7)] (16).
299           (ii) In addition to the maximum rates established under Subsection [(7)] (16) and when
300      receiving payment by credit card, a tow truck operator, a tow truck motor carrier, or an
301      impound yard may charge a credit card processing fee of 3% of the transaction total.
302          (b) A tow truck motor carrier may not be required to maintain insurance coverage at a
303     higher level than required in rules made pursuant to Subsection [(7)] (16).
304          [(10)] (19) When a tow truck motor carrier or impound lot is in possession of a vehicle,
305     vessel, or outboard motor as a result of a tow service that was performed without the consent of
306     the owner, and that was not ordered by a peace officer or a person acting on behalf of a law
307     enforcement agency, the tow truck motor carrier or impound yard shall make personnel
308     available:
309          (a) by phone 24 hours a day, seven days a week; and
310          (b) to release the impounded vehicle, vessel, or outboard motor to the owner within
311     one hour of when the owner calls the tow truck motor carrier or impound yard.
312          Section 2. Section 72-9-604 is amended to read:
313          72-9-604. Preemption of local authorities -- Tow trucks.
314          (1) (a) Notwithstanding any other provision of law, a political subdivision of this state
315     may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow truck motor
316     carrier, tow truck operator, or tow truck that conflicts with:
317          (i) any provision of this part;
318          (ii) Section 41-6a-1401;
319          (iii) Section 41-6a-1407; or
320          (iv) rules made by the department under this part.
321          (b) A county or municipal legislative governing body may not charge a fee for the
322     storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:
323          (i) is holding the vehicle, vessel, or outboard motor as evidence; and
324          (ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien
325     holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent
326     satisfies the requirements to release the vehicle, vessel, or outboard motor under Section
327     41-6a-1406.
328          (2) A tow truck motor carrier that has a county or municipal business license for a
329     place of business located within that county or municipality may not be required to obtain
330     another business license in order to perform a tow truck service in another county or
331     municipality if there is not a business location in the other county or municipality.
332          (3) A county or municipal legislative or governing body may not require a tow truck
333     motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing
334     certificate by the department, as described in Section 72-9-602, to obtain an additional towing
335     certificate.
336          (4) A county or municipal legislative body may require an annual tow truck safety
337     inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:
338          (a) no fee is charged for the inspection; and
339          (b) the inspection complies with federal motor carrier safety regulations.
340          (5) A tow truck shall be subject to only one annual safety inspection under Subsection
341     (4)(b). A county or municipality that requires the additional annual safety inspection shall
342     accept the same inspection performed by another county or municipality.
343          (6) (a) Beginning on July 1, 2021, a political subdivision or state agency may not
344     charge an applicant a fee or charge related to dispatch costs in order to be part of the towing
345     rotation of that political subdivision or state agency.
346          (b) In addition to the fees set by the department in rules made in accordance with
347     Subsection 72-9-603[(7)](16), a tow truck motor carrier may charge a fee to cover the costs of
348     a dispatch charge described in Subsection (6)(a).
349          (c) The amount of the fee described in Subsection (6)(b) may not exceed the amount
350     charged to the tow truck motor carrier by the political subdivision or state agency for dispatch
351     services.
352          (d) A political subdivision or state agency that does not charge a dispatch fee as of
353     January 1, 2019, may not charge a dispatch fee described in Subsection (6)(a).
354          (7) A towing entity may not require a tow truck operator who has received an
355     authorized towing certificate from the department to submit additional criminal background
356     check information for inclusion of the tow truck motor carrier on a rotation.
357          (8) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck
358     operator that responds may not respond to the location in a tow truck that is owned by a tow
359     truck motor carrier that is different than the tow truck motor carrier that was dispatched.
360          Section 3. Effective date.
361          This bill takes effect on January 1, 2021.