No. 34255 (Repeal and Reenact): Rule R714-600. Performance Standards for Tow-Truck Motor Carriers

(Repeal and Reenact)

DAR File No.: 34255
Filed: 11/29/2010 12:10:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this repeal and reenactment is to establish procedures for the designation and dispatch of tow truck motor carriers upon a sworn officer's request for removal and towing of a motor vehicle.

Summary of the rule or change:

The current rule authorizes the department to use a contractor to operate a rotation-dispatch program to provide non-preference vehicle towing services. The proposed rule provides that a dispatch center shall determine which tow truck motor carrier to dispatch according to the policies and practices of that particular dispatch center. The proposed rule also provides guidelines for dispatch centers which are operated or maintained by the department to determine which tow truck motor carrier may be dispatched.

State statutory or constitutional authorization for this rule:

• Subsection 41-6a-1406(10)

Anticipated cost or savings to:

the state budget:

There is no cost impact to the state's budget as the new rule only clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

local governments:

There is no cost impact to local government as the new rule only clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

small businesses:

There is no cost impact to small businesses as the new rule only clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

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

There is no cost impact to other persons as the new rule only clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

Compliance costs for affected persons:

There is no cost impact to affected persons as the rule only clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

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

This rule should not cause a fiscal impact on businesses because it clarifies the procedures that a dispatch center will use when dispatching tow truck motor carriers.

D. Lance Davenport, Commissioner

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

Public Safety
Highway Patrol
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Letisha Garrick at the above address, by phone at 801-965-4379, by FAX at 801-965-4716, 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:

01/14/2011

This rule may become effective on:

01/24/2011

Authorized by:

Lance Davenport, Commissioner

RULE TEXT

R714. Public Safety, Highway Patrol.

[ R714-600. Performance Standards for Tow-Truck Motor Carriers.

R714-600-1. Authority and Purpose.

Pursuant to Subsection 41-6a-1405(1) which directs law-enforcement officers to remove vehicles found upon a road or highway, and Subsection 53-1-106(1) which require that rules set performance standards for towing companies used by the department, this rule sets a procedure for coordinated dispatch services.

 

R714-600-2. Definitions.

As used in this rule:

(1) "Participating Carrier" means a tow-truck motor carrier as defined in Section 72-9-102 and certified under Section 72-9-601, that agrees to accept a rotation-dispatch notification to provide non-preference vehicle towing services, as requested by law-enforcement officers.

(2) "Contractor" means a tow-truck motor carrier owner/operator authorized by the department to operate a rotation-dispatch service to coordinate non-preference vehicle towing service in accordance with this rule.

(3) "Department" means the Utah Department of Public Safety.

(4) "Non-preference vehicle-towing service" means the removal and towing of motor vehicles by tow-truck motor carriers when requested by a law-enforcement officer, at times when a vehicle's owner/operator has not consented to, nor selected a tow-truck motor carrier to provide towing services in response to a:

(a) law-enforcement officer's call for rotation-dispatched non-preference vehicle towing;

(b) call initiated by a governmental entity, in accordance with Chapter 41-1(a), or

(c) notification or call for non-consent towing services.

 

R714-600-3. Non-Preference Vehicle Towing.

(1) The department may authorize rotation-dispatch towing services in specific areas of the state.

(2) The contractor shall operate a rotation-dispatch program by agreement with carriers who agree to accept rotation-dispatch notifications to provide non-preference vehicle towing services.

(3) In addition to fees provided under rules promulgated by the Utah Department of Transportation, the contractor may charge participating carriers a coordinated rotation-dispatch fee of up to $10 per/call.

(4) The department may rescind this rule at any time as deemed necessary.]

R714-600. Performance Standards for Tow Truck Motor Carriers.

R714-600-1. Authority.

This rule is authorized by Subsection 41-6a-1406(10) which provides that the department shall make rules setting the performance standards for towing companies to be used by the department.

 

R714-600-2. Purpose.

The purpose of this rule is to establish procedures for the designation and dispatch of tow truck motor carriers when a sworn officer requests the removal and towing of a motor vehicle.

 

R714-600-3. Definitions.

(1) Definitions used in the rule are found in Sections 41-6a-102, 53-10-102, 69-2-2, and 72-9-102.

(2) In addition:

(a) "department dispatch center" means a dispatch center which is operated or maintained by the department;

(b) "department dispatcher" means an employee of a dispatch center operated or maintained by the department whose primary duties are to receive calls for emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls;

(c) "dispatch center" means a facility which acts as a public safety answering point and provides emergency dispatch and communications support to sworn officers;

(d) "sworn officer" means a peace officer who is employed by the department; and

(e) "tow truck motor carrier" means any company that provides for-hire, private, salvage, or repossession towing services and includes all of the company's agents, officers, representatives and employees.

 

R714-600-4. Dispatch of a Tow Truck Motor Carrier.

(1) When a sworn officer determines that a vehicle must be towed, the sworn officer shall contact the dispatch center which provides service for that area and request that a tow truck motor carrier be dispatched.

(2) The sworn officer will provide the dispatch center with the location, make, model and license number of the vehicle that must be towed.

(3) The dispatch center shall determine which tow truck motor carrier to dispatch according to the policies and practices of that particular dispatch center.

(4) Nothing in this rule precludes the owner of a vehicle from contacting a tow truck motor carrier directly to remove the vehicle.

 

R714-600-5. Designation of Tow Truck Motor Carriers by the Department.

(1) Each department dispatch center will maintain a call out list of tow truck motor carriers in the area who are certified according to the requirements found in Title 72, Chapter 9, Part 6, and R909-19.

(2) The call out list of tow truck motor carriers will contain the following information on each tow truck motor carrier:

(i) the business name and phone number of the tow truck motor carrier;

(ii) the names and phone numbers of all tow truck operators;

(iii) after-hours contact information for the tow truck motor carrier; and

(iv) whether the tow truck motor carrier has the ability to perform any special services.

(3) A tow truck motor carrier must notify the department dispatch center if the tow truck motor carrier is out of service or not available so the department dispatch center may temporarily remove the tow truck motor carrier from the call off list.

(4)(a) A department dispatch center may permanently remove a tow truck motor carrier from the call out list, after notice and an opportunity to respond to the allegations, if any of the following occur:

(i) a tow truck motor carrier is no longer certified;

(ii) a tow truck motor carrier is operating in violation of the law or has engaged in practices which are a violation of law;

(iii) a tow truck motor carrier's continued unavailability disrupts the operation of a department dispatch center;

(iv) a tow truck motor carrier routinely fails to respond to requests for service in a timely manner; or

(v) a tow truck motor carrier refuses to retrieve abandoned vehicles.

 

R714-600-6. Dispatch of Tow Truck Motor Carriers by the Department.

(1)(a) When a sworn officer contacts a department dispatch center and requests that a tow truck motor carrier be dispatched, a department dispatcher will immediately contact a tow truck motor carrier on the call out list.

(b) Department dispatchers will contact tow truck motor carriers in the order they appear on the call out list.

(2) Department dispatchers will provide the tow truck motor carrier with information regarding the nature of the call so the tow truck motor carrier may determine if the tow truck motor carrier is able to handle the call.

(3)(a) If a tow truck motor carrier fails to respond when contacted by a department dispatcher or the tow truck motor carrier is unable to respond to the call, the department dispatcher will contact the next tow truck motor carrier on the call out list.

(b) A tow truck motor carrier who fails to respond or who is unable to respond to a call, will not be contacted by a department dispatcher until the next time that the tow truck motor carrier's name appears on the call out list.

(4)(a) If a department dispatcher contacts a tow truck motor carrier who is available but is not equipped for the specific type of service requested, the department dispatcher will continue to contact tow truck motor carriers on the call out list until a tow truck motor carrier is found who is equipped to handle the request for service.

(b) A tow truck motor carrier's inability to provide requested services for lack of equipment, does not affect the tow truck motor carrier's place on the call out list.

(5) If a tow truck motor carrier responds to a call from dispatch but tow services are later determined not to be necessary, the tow truck motor carrier will be contacted the next time that tow services are needed.

(6) If a tow truck motor carrier responds to a department dispatcher's request for service and arrives at the location specified by the sworn officer, the tow truck motor carrier must provide the requested services unless the tow truck motor carrier is mechanically unable to do so.

(7) The performance of tow services that are not at the request of a department dispatcher will not affect the tow truck motor carrier's place on the call out list.

(8)(a) Each department dispatch center shall maintain a log of all of the requests for service made to certified tow truck motor carriers.

(b) The log of requests for service shall contain the following information:

(i) the date and time of the call for service;

(ii) the officer requesting service;

(iii) the reason for the request;

(iv) the description of the vehicle, including the license plate number;

(v) the location of the vehicle;

(vi) the certified tow truck motor carrier contacted;

(vii) whether the tow truck motor carrier responded to the request for service; and

(viii) the department dispatcher's initials and any remarks.

 

KEY: towing, motor carrier, law enforcement

Date of Enactment or Last Substantive Amendment: [April 15, 1999]2011

Notice of Continuation: August 3, 2009

Authorizing, and Implemented or Interpreted Law: [41-6a-1405; 53-1-106(1)]41-6a-1406; 53-1-106(1)(a)(i)

 

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