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

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