No. 30785 (Amendment): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operations and Certification

DAR File No.: 30785
Filed: 11/30/2007, 03:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes to this rule are to clarify a previous amendment that became effective on 10/02/2001.

Summary of the rule or change:

Changes to this rule clarify the certification and training requirements deadline as outlined in the rule. The change extends the time frame for all tow truck motor carriers, equipment, and drivers, which have been deemed certified by the department, until 01/02/2002, instead of 11/15/2001. In addition, due to numerous comments, the $45 maximum fee set for nonconsent impoundment of vehicles has been updated to reflect consistency with rates imposed on public nonconsent tows and surrounding states who regulate such tows. The previous amendment made effective on 10/02/2001, inadvertently used language that was confusing referring to the use of a restriction device. The language used could be construed to read that the device could not be used at all, which was not the intent. The language has been removed due to its ambiguity.

State statutory or constitutional authorization for this rule:

Sections 41-6-101, 41-6-102, 41-6-104, 53-1-106, 53-8-105, 63-38-3.2, 72-9-601, 72-9-602, 72-9-603, 72-9-604, 72-9-301, 72-9-303, 72-9-701, 72-9-702, and 72-9-703

Anticipated cost or savings to:

the state budget:

The cost is one full time equivalent (FTE) at an annual rate of $35,000. Dedicated credit to be reimbursed by the cost of service.

local governments:

This rule does not apply to local government. This rule does not extend to local government activities, but is limited to the private sector tow truck business. This rule is specifically directed to tow truck operators and businesses in Utah.

small businesses and persons other than businesses:

INDUSTRY: (Based on estimate of 1,000 Tow Truck Motor Carriers with an average of three tow trucks and three drivers.) Carrier Certificate Fee: $100 + Tow Truck Inspection Fee: $150 (3 drivers x $50) = $250. 1,000 Carriers x $250 = $25,000. Driver certification fee: $135 x 3,000 (drivers) = $40,500. Total cost to industry = $65,000 (bi-annually).

Compliance costs for affected persons:

Certification costs (bi-annually): $100 per carrier. $50 per tow truck, $135 (average per driver).

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

The increase in fees for nonconsent tows (light vehicles only) is justified due to the general increase in fuel costs over the last several months. John R. 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:

Bruce Garner at the above address, by phone at 801-965-4168, 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:

01/14/2008

This rule may become effective on:

01/21/2008

Authorized by:

John R. 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 it's legal operator's, knowledge and/or approved.

(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) "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.

(7) "Non-consent Non Police Generated Tow" means towing services performed without the prior consent 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.

(8) "Personal Property" means articles associated with a person, as property having more or less intimate relation to person, including clothing, medicine, tools, home/family etc. Items not considered as personal property are considered to be the original manufactured equipment, and/or attached property to the vehicle, including tires, rims, vehicle-stereos, speakers, or CD changers and will remain in the vehicle.

([8]9) "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.

([9]10) "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.

([10]11) "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, Utah Code, shall verify compliance with the State and Federal Motor Carriers Safety Regulations.

([11]12) "Tow Truck Motor Carrier" means any company that provides for-hire, private, salvage, or repo 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.

([12]13) "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) Tow 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:

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

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

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

([13]14) "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.

 

R909-19-12. Maximum Towing Rates. Non-Consent Tows.

(1) $[110]121 per hour, per unit, when towing a "Light Duty" vehicle;

(a) An additional 15% per hour may be charged if the towed vehicle is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 CFR Part 172, subpart F and the tow truck operator is hazardous material certified as outlined in the Utah Regulations for Towing Operations and Certification Manual.

(2) $200 per hour, per unit, when towing a "Medium Duty" vehicle;

(a) An additional 15% per hour may be charged if the towed vehicle is used in the transport transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 CFR Part 172, subpart F and the tow truck operator is hazardous material certified as outlined in the Utah Regulations for Towing Operations and Certification Manual.

(3) $250 per hour, per unit, when towing a "Heavy Duty" vehicle;

(a) An additional 15% per hour may be charged if the towed vehicle is used in the transport transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations, 49 CFR Part 172, subpart F and the tow truck operator is hazardous material certified as outlined in the Utah Regulations for Towing Operations and Certification Manual.

(4) If a tow truck apparatus is mechanically connected to a vehicle, the tow truck will therefore be in possession of the vehicle.

(a) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle, which is in question, is attempting to retrieve said vehicle before the tow truck is mechanically connected, no fee(s) will be charged to the vehicle owner.

(b) If the owner, authorized operator, or authorized agent of the owner of the vehicle, which is in question, is attempting to retrieve said vehicle before the vehicle is removed from the property or scene, the maximum fee shall not exceed 50% of the posted rate schedule.

(5) As fuel increases .50 per gallon from the base rate of $2.00, a surcharge shall be allowed of 10% of the base rate. Conversely, if prices drop, they will decrease by the same amount.

 

TABLE

(a)  Fuel Surcharge

Fuel Cost                        Surcharge

$2                                   0%

$2.50                               10%

$3                                  20%

$3.50                               30%

$4                                  40%

$4.5                                50%

$5                                  60%

etc.

 

(6) Recovery charges, as defined by R909-19-3, shall be coordinated with the towed vehicle owner prior to initiating the additional charges relating the recovery operation. Coordination with the towed vehicle owner should result in an agreement between the tow vehicle owner and Tow Truck Motor Carrier.

(7) Pursuant to Utah Code Ann. Section 72-9-603(3), it is illegal for a Tow Truck Motor Carrier to require the owner of an impounded vehicle to pay any money other than the appropriate amount listed in this rule. Any tow truck service charging more than the maximum approved rates may be assessed civil penalties determined by the Department, as authorized under Section 72-9-303.

(8) Tow Truck Motor Carriers shall obey all local city and county laws, when applicable, pertaining to placement of signs, notification, and other towing related ordinances. Tow Truck Lighting 41-6a-161. Strobe lights are not allowed on Tow Trucks. The acceptable light colors are orange and yellow.

 

R909-19-24. Personal Property.

Property, which is deemed, as personal property shall be given to the property owners of the vehicle regardless of payment for rendered services.

 

KEY: safety regulations, trucks, towing, certifications

Date of Enactment or Last Substantive Amendment: [February 8, 2007]2008

Notice of Continuation: September 25, 2006

Authorizing, and Implemented or Interpreted Law: 41-6-101; 41-6-102; 41-6-104; 53-1-106; 53-8-105; 63-38-3.2; 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