No. 35256 (Change in Proposed Rule): Rule R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification

DAR File No.: 35256
Filed: 12/08/2011 04:03:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to remove "credit cards, cash and checkbook" from the proposed definition of "life-essential personal property." This change is based on comments received from the tow truck industry and the bill sponsor regarding the intent of H.B. 81 (2011 General Session) which provided that certain towing fees are a possessory lien on non-life essential items left in a vehicle. By removing "credit cards, cash and checkbook" from the proposed definition of "life-essential personal property," tow truck carriers will be able to collect cash left in a towed vehicle to pay certain fees, particularly on abandoned vehicles.

Summary of the rule or change:

This change removes "credit cards, cash and checkbook" from the proposed definition of "life-essential personal property." (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the October 15, 2011, issue of the Utah State Bulletin, on page 41. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Section 53-1-106
• Section 41-6a-1406
• Section 72-9-602
• Section 72-9-603
• Section 72-9-701
• Section 72-9-303
• Section 72-9-301
• Section 72-9-604
• Section 72-9-702
• Section 72-9-703
• Section 72-9-601
• Section 53-8-105
• Section 41-6a-1404
• Section 41-6a-1405

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because the change only affects tow truck carriers and owners of towed vehicles.

local governments:

There is no anticipated cost or savings to local government because the change only affects tow truck carriers and owners of towed vehicles.

small businesses:

There is no anticipated cost or savings to small businesses because the change only affects tow truck carriers and owners of towed vehicles, other than the change will allow small businesses that are tow truck carriers to collect certain fees from cash left in towed vehicles.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because the change only affects tow truck carriers and owners of towed vehicles.

Compliance costs for affected persons:

There is no anticipated compliance costs for affected persons because the change only affects tow truck carriers and owners of towed vehicles, except that owners of towed vehicles may have certain fees collected from cash they leave in their vehicle.

Comments by the department head on the fiscal impact the rule may have on businesses:

The only fiscal impact on businesses is that the change will allow businesses that are tow truck carriers to collect certain fees from cash left in towed vehicles.

John Njord, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Transportation
Motor Carrier
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

John Njord, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification.

 

. . . . . . .

 

R909-19-3. Definitions.

(1) "Consent Tow" means any tow truck service that is done at the vehicle, vessel, or outboard motor owner's, or its legal operator, knowledge and/or approval.

(2) "Department" means the Utah Department of Transportation.

(3) "Division" means the Motor Carrier Division.

(4) "Gross Combination Weight Rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GVCR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

(5) "Gross Vehicle Weight Rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle.

(6) "Life-Essential personal property" includes those items essential to sustain life or health including: prescription medication, medical equipment, essential clothing (e.g. shoes, coat), food and water, child safety seats, and government issued photo-identification[, credit cards, cash, and checkbook].

(7) "Non-Consent Police Generated Tow" means tow truck service that was ordered by a peace officer, or a person acting on behalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102.

(8) "Non-consent Non Police Generated Tow" means towing services performed without the prior consent or knowledge of the owner of the vehicle or the person authorized by the owner to operate the vehicle from private property. The tow truck service must be from private property, at the request of the property landowner or agent for the landowner.

(9) "Normal Office Hours" means hours of operation where the office or yard shall be staffed and open for public business during normal business hours Monday thru Friday, except for designated state and federal holidays.

(10) "Recovery Operation" means a towing service that may require charges in addition to the normal one-truck/one-driver towing service requirements. The additional charges may include charges for manpower, extra equipment, traffic control, and special recovery equipment and supplies.

(11) "Tow Truck" means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, repossessed or impounded vehicles from highway or other place by means of a crane, hoist, tow bar, tow line, dolly tilt bed, or other similar means of vehicle transfer without its own power or control.

(12) "Tow Truck Certification Program" means a program to authorize and approve tow truck motor carrier owners, operators, and vehicles is the process by which the Department, acting under Section 72-9-602, shall verify compliance with the State and Federal Motor Carriers Safety Regulations.

(13) "Tow Truck Motor Carrier" means any company that provides for-hire, private, salvage, or repossession towing services. It includes the company's agents, officers, and representatives as well as employees responsible for hiring, training, supervisory, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of equipment and/or accessories.

(14) "Tow Truck Service" means the functions and any ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place by means of a tow truck.

(a) Tow Truck Service, with regards to authorized towing fees, is determined by the type and size of the towed vehicle, not the type and size of the tow truck performing the service.

(b) Towed Vehicle Classifications will be used when determining authorized fees. Information regarding the GVWR to determine classification category of towed vehicle can be found on the identification plate on the vehicle driver side doorframe. Towed vehicle classifications are as follows:

(i) "Light Duty" means any towed vehicle with a GVWR 10,000 pounds or less;

(ii) "Medium Duty" means any towed vehicle with a GVWR between 10,001 and 26,000 pounds;

(iii) "Heavy Duty" means any towed vehicle with a GVWR or GCWR 26,001 pounds and greater.

(15) "Tow Truck Motor Carrier Steering Committee" means a committee established by the Motor Carrier Division and will include enforcement personnel, industry representatives and other persons as deemed necessary.

 

. . . . . . .

 

KEY: safety regulations, trucks, towing, certifications

Date of Enactment or Last Substantive Amendment: [2011]2012

Notice of Continuation: September 19, 2011

Authorizing, and Implemented or Interpreted Law: 41-6a-1404; 41-6a-1405; 41-6a-1406; 53-1-106; 53-8-105; 72-9-601; 72-9-602; 72-9-603; 72-9-604; 72-9-301; 72-9-303; 72-9-701; 72-9-702; 72-9-703

 

---