No. 39953 (Amendment): Rule R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification

(Amendment)

DAR File No.: 39953
Filed: 11/20/2015 08:49:52 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The primary goal in amending Rule R909-19 is to eliminate the need to amend the rule whenever it becomes necessary to increase the ceiling for fees operators are allowed to charge for their services. This amendment requires the Motor Carriers Division to establish a fee schedule that ties the fee ceiling to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The amendment allows the ceiling to increase when the CPI-W increases, and be calculated and applied on January 1 of each year, but does not provide for corresponding fee decreases. The amendment requires the Division to post fee schedule on its Internet website.

Summary of the rule or change:

This amendment requires the Motor Carriers Division to establish a fee schedule that ties the fee ceiling to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The amendment allows the fee ceiling to increase when the CPI-W increases, and be calculated and applied on January 1 of each year, thus eliminating the need to amend the rule whenever it becomes necessary to increase the ceiling for fees due to inflation. The amendment also clarifies text that addresses a number of specific and extraordinary towing situations, such as: When operators may charge an additional fee if the towed vehicle is used in the transportation of materials found to be hazardous for the purposes of and in accordance with the Hazardous Materials Transportation Act; and when the owner, authorized operator, or authorized agent of the owner of the vehicle, is attempting to retrieve her vehicle before it is removed from the property or scene, the maximum fee shall not exceed 50% of the posted rate schedule.

State statutory or constitutional authorization for this rule:

• Section 72-9-602
• Section 72-9-603
• Section 72-9-604
• Section 53-1-106
• Section 41-6a-1405

This rule or change incorporates by reference the following material:

• Adds 49 CFR 390, published by Government Printing Office, 10/01/2014

Anticipated cost or savings to:

the state budget:

These changes to Rule R909-19 will reduce the need for the Motor Carriers Division to go through the process of meeting with affected persons every year to negotiate increases in the fees that tow truck operators are allowed to charge for services. This process has been very labor intensive for affected persons and for the Division. The division anticipates that a significant decrease in the number of person hours needed to negotiate a new fee schedule every year will translate into a significant savings to the state budget. An exact amount of the savings cannot be estimated at this time.

local governments:

Local governments have little to no direct involvement in the areas of government affected by Rule R909-19. The Division does not anticipate these changes will have any affect on the budgets of local governments.

small businesses:

Most of the businesses directly affected by the requirements of Rule R909-19 are small businesses. The bulk of these changes are focused on creating a system that will allow these small businesses to increase their fees as the cost of living increases without the need to petition state government every year. The Division anticipates that these changes will translate in significant cost savings for the small businesses affected.

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

The consumers of the services provided by Tow Truck Operators directly affected by these changes are members of the general public who have their vehicles towed. Many of the changes to Rule R909-19 included in this amendment are clarifications that the Division hopes will result in a reduced possibility of those who have their vehicles towed being overcharged. The division does anticipate that persons other than small businesses, businesses, or local government entities will experience budgetary savings to result from these changes, but has no way of accurately estimating the savings at this time.

Compliance costs for affected persons:

These changes do not require persons directly affected by the changes to pay any additional taxes or fees. The division hopes these changes result in a decrease in the cost of complying with the rule.

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

The Motor Carriers Division and many of the businesses directly affected by this amendment to rule R909-19 have worked together for several months drafting these changes. The changes are being made in an effort to allow the industry to become more efficient overall so that the firms in the industry and those who consume their services will realize budgetary savings and other fiscal benefits.

Carlos Braceras, 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:

• James Palmer at the above address, by phone at 801-965-4000, 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:

01/14/2016

This rule may become effective on:

01/21/2016

Authorized by:

Carlos Braceras, Executive Director

RULE TEXT

R909. Transportation, Motor Carrier.

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

R909-19-1. Authority.

This rule is enacted under the authority of Sections 72-9-601, 72-9-602, 72-9-603, 72-9-604, 53-1-106, 41-6a-1405, Utah Code.

 

R909-19-2. Applicability.

All tow truck motor carriers and employees must comply and observe all rules, including R909-1, regulations, traffic laws and guidelines as prescribed by State Law, including Sections 41-6a-401.9, 41-6a-1404, 41-6a-1405, 41-6a-1406, 72-9-301, 72-9-303, 72-9-601, 72-9-602, 72-9-603, 72-9-604, 72-9-701, 72-9-702, and 72-9-703.

 

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) "Emergency Moves" means a tow operation initiated by law enforcement to move a wrecked or disabled motor vehicle.

(5) "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.

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

(7) "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.

(8) "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.

(9) "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.

(10) "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.

(11) "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.

(12) "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.

(13) "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.

(14) "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.

(15) "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.

(16) "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.

 

R909-19-4. Duties - Enforcement - Compliance Audits, Inspections and Right of Entry.

The Department shall administer and in cooperation with the Department of Public Safety, Utah Highway Patrol Division as specified under Section 53-8-105, shall administer and enforce state and federal laws related to the operation of tow truck motor carriers within the state. In addition, a tow truck motor carrier shall submit its lands, property, buildings, equipment for inspection and examination and shall submit its accounts, books, records, or other documents for inspection and copying to verify compliance as authorized by Section 72-9-301.

 

R909-19-5. Insurance.

(1) [Non-consent police generated tows]Tow Truck Motor Carriers performing emergency moves [are required to]shall maintain liability insurance coverage of at least $750,000 per occurrence.[of liability insurance.] Tow Truck Motor Carriers performing non-emergency moves [All other non-consent police generated tows are required to]shall maintain liability insurance coverage of at least $1,000,000 per occurrence.[of liability insurance.]

[(2) Tow Truck Motor Carriers performing non-consent non-police generated tows or consent tows are required to maintain at least $1,000,000 of liability insurance.]

([3]2) All Tow Truck Motor Carriers performing consent or non-consent tows are required to obtain a MCS-90 endorsement for environmental restoration as required in 49 CFR Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers.

([4]3) Evidence of required insurance [will]shall be maintained at the principal place of business and made available to the Department and/or Investigator upon request and prior to issuance of the Tow Truck Motor Carrier certification.

 

R909-19-6. Penalties and Fines.

(1) Any tow truck motor carrier that fails or neglects to comply with State or Federal Motor Carrier Safety Regulations, other statutes, any part of this rule, any term or condition of the permit or any materials that it incorporates either by reference or attachment, or a Departmental order, is subject to:

(a) a civil penalty as authorized by Section 72-9-701, and 72-9-703;

(b) suspension or revocation of a carrier or tow truck certification (suspension or revocation will be based upon the severity of violations to this rule, Sections 41-6a-1406 and 72-9-603);

(c) issuance of a cease-and-desist order as authorized by Section 72-9-303; and

(d) the revocation or suspension of registration by the Utah State Tax Commission pursuant to Section 72-9-303.

 

R909-19-7. Towing Notice Requirements.

(1) All non-consent police generated and non-consent non-police generated tows conducted by Tow Truck Motor Carriers must input required information in electronic form on the Division of Motor Vehicles Utah State Tax Commission's website, at "https://secure.utah.gov/ivs/ivs" as required by 41-6a-1406(11).

[(a) Tow Truck Motor Carriers may charge an administrative fee up to but not exceeding $30.00 per vehicle notification for reporting non-consent tows to the Department of Motor Vehicles.]

(2) Tow Truck Motor Carriers must notify the local enforcement agency having jurisdiction over the area from where the vehicle, vessel, or outboard motor was removed on all non-consent non-police generated tows immediately upon arrival at the impound or storage yard.

(a) For tows conducted on vehicles, vessels, and outboard motors and the owner information does not appear in the IVS or TLR (Title License Registration) systems, a Tow Truck Motor Carrier has met this requirement if they can provide proof that a letter has been sent to the Utah State Tax Commission Division of Motor Vehicle or the appropriate state where the vehicle, vessel, and outboard motor is registered, within two business days requesting the needed information to send the letter.

(3) If required notifications to the Division of Motor Vehicles and local law enforcement is not completed as required by Sections 41-6a-1406 and 72-9-603, the Tow Truck Motor Carrier or operator may not collect any fees associated with the removal or begin charging storage fees as authorized under Sections 41-6a-1406 and 72-9-603 until the removal has been reported to the Motor Vehicle Division and the local law enforcement agency.

(4) If notification to the last known owner and lien holder is not made as required by this rule, the Tow Truck Motor Carrier may be subject to penalties as outlined in this rule.

(5) The tow truck motor carrier or the tow truck driver must provide a copy of the Utah Consumer Bill of Rights Regarding Towing at first contact with the owner of a vehicle, vessel, or out board motor that was towed.

(a) The tow truck motor carrier must be able to verify that the consumer received their copy of the Utah Consumer Bill of Rights Regarding Towing.

(6) The Utah Consumer Bill of Rights Regarding Towing shall contain the [following] language and information as published at, www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396[:].

[(a) The consumer has the right to know they are being charged an appropriate fee. Towing fees are established by the Utah Department of Transportation under Utah Code Annotated Section 72-9-603 and Utah Administrative Code R909-19. http://www.rules.utah.gov/publicat/code/r909/r909-019.htm

(i) Non-Consent Police Generated Tow.

(A) Light duty vehicle: Tow fee - up to $145.00 per hour, per unit; Storage fee - up to $40.00 per day for outside storage or $45.00 per day for inside storage; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(B) Medium duty vehicle: Tow fee - up to $240.00 per hour, per unit; Storage fee - up to $60.00 per day for outside storage or $85.00 per day for inside storage; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(C) Heavy duty vehicle: Tow fee - up to $300.00 per hour, per unit; Storage fee - up to $60.00 per day for outside storage or $85.00 per day for inside storage; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(D) Light, medium and heavy duty vehicles: An additional 15% per hour may be charged for the tow fee 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.

(ii) Non-Consent Non-Police Generated Tow.

(A) Light duty vehicle: Tow fee - up to $145.00 per tow; Storage fee - up to $25.00 per day for outside storage or $30.00 per day for inside storage; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(B) Medium duty vehicle: Tow fee - up to $240.00 per tow; Storage fee - up to $45.00 per day for outside storage or $70.00 per day for inside storage or $100.00 per day for outside storage of vehicles used in the transportation of materials found to be hazardous; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(C) Heavy duty vehicle: Tow fee - up to $300.00 per tow; Storage fee - up to $45.00 per day for outside storage or $70.00 per day for inside storage or $100.00 per day for outside storage of vehicles used in the transportation of materials found to be hazardous; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee. See R909-19-14 for specific fuel surcharge rate.

(D) Light, medium and heavy duty vehicles: An additional 15% per hour may be charged for the tow fee 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.

(b) All non-consent tows must be reported to the Utah Motor Vehicle Division via the Impound Vehicle System (IVS) before payment can be collected as per Utah Code annotated Sections 41-6a-1406 and 72-9-603. To verify that the required IVS reporting was completed by the tow truck company visit http://www.tow.utah.gov.]

([i]b) The consumer has a right to receive documentation from the tow truck motor carrier showing the date and time the storage began.

(c) The tow truck motor carrier, driver(s) and vehicle(s) [must]shall comply with 49 CFR Section 390, of the Federal Motor Carrier Safety Regulations , which are incorporated and made a part of this Rule by this reference.[at http://www.udot.utah.gov by clicking on the Motor Carrier link and then the safety and compliance link.]

(d) A consumer has the right to file a complaint alleging:

(i) Overcharges[:];

(ii) Inadequate certification for the driver, truck or company, and;

(iii) Violations of the Federal Motor Carrier Safety Regulations, Utah Code Annotated or Utah Administrative Code.

(e) Complaints may be filed online with the Utah Department of Transportation at http://www.udot.utah.gov. Click on the Motor Carrier Division tab, [Comments or Complaints tab]Motor Carrier Contacts, and click on the Tow Truck Complaint form; or by contacting the Motor Carrier Division at [phone].

 

R909-19-8. Certification.

There are three (3) certifications required by the Department.

(1) Tow Truck Driver Certification.

(a) Effective July 1, 2004 all tow truck drivers will be tested and certified in accordance with National Driver Certification Procedure (NDCP) standards and carry evidence of certification for the appropriate level of vehicle they are operating. These standards of conduct and proficiency may be tested and certified through an accepted program approved by the Department.

(i) Towing and Recovery Association of America (TRAA) Testing Program;

(ii) Wreckmaster Certification Program;

(iii) AAA Certification Program;

(iv) Utah Safety Council;

(v) North American Towing Academy; or

(vi) Other driver testing certification programs approved by the Department to meet certification requirements, however, the Tow Truck Motor Carrier must obtain prior approval in writing from the Motor Carrier Division Administrator or Division representative by calling [phone].

(b) Information on qualified certification programs may be obtained by contacting the Motor Carrier Division at [phone].

(c) Tow Truck Motor Carriers shall ensure that all drivers are:

(i) properly trained to operate tow truck equipment;

(ii) licensed, as required under Sections 53-3-101, through 53-3-909 Uniform Driver License Act; and

(iii) properly certified.

(2) Tow Truck Vehicle Certification.

(a) All tow trucks shall be inspected and certified biannually.

(b) All tow trucks must be equipped with required safety equipment. Safety Equipment List can be found at http://www.udot.utah.gov/index.php/m=c/tid=396 or by calling 801-965-4892.

(c) Upon vehicle certification, a UDOT certification sticker will be issued and shall be affixed on the driver's side rear window.

(d) Documentation of UDOT tow truck vehicle inspection certification shall be kept in the vehicle files and be available upon request by Department personnel.

(3) Tow Truck Motor Carrier Certification.

(a) Tow Truck Motor Carriers shall be certified biannually to ensure compliance as required by the Federal Motor Carrier Safety Regulations, Utah Code Annotated, and local laws where applicable.

 

R909-19-9. Certification Fees.

The Department may charge Tow Truck Motor Carriers a fee biannually as authorized by Section 72-9-603 to cover costs associated with driver, vehicle, and carrier certifications.

 

R909-19-10. Information Required on Towing Receipt.

Charges for services provided must be clearly reflected on a company receipt and a copy shall be provided to the customer. The receipt must include the following information:

(a) company name;

(b) address;

(c) phone number;

(d) transportation, administration, fuel surcharge, and storage fees charged;

(e) name of company driver;

(f) unit number;

(g) license plate of the towed vehicle;

(h) make, model, Vehicle Identification Number, and year of the towed vehicle; [and]

(i) start and end time with total hours for services provided[.];and

(j) the date vehicle was retrieved from tow yard or other storage area.

 

[R909-19-11. Maximum Towing Rates. Non-Consent Police Generated Tows.

(1) $145 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.

(2) $240 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 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.

(3) $300 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 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.

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

(a) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle, 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, 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) Charges for recovery operations, as defined by R909-19-3, shall be coordinated with the towed vehicle owner prior to initiating the additional charges relating to the recovery operation. Coordination with the towed vehicle owner should result in an agreement between the tow vehicle owner and Tow Truck Motor Carrier.

(6) Pursuant to Section 72-9-603 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 72-9-703.

(7) 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. Strobe lights are not allowed on Tow Trucks. The acceptable color for tow truck lights is amber.]

 

[R909-19-12. Maximum Storage Rates. Non-Consent Police Generated Tows.

(1) $40 Maximum per day, per unit, for outside storage of "Light Duty" vehicles.

(2) $45 Maximum per day, per unit may be charged for inside storage of "Light Duty" vehicles only at the owner's request, or at the order of a law enforcement agency or highway authority.

(3) $60 Maximum per day, per unit for outside storage of "Medium/Heavy Duty" vehicles.

(4) $85 Maximum per day, per unit may be charged for inside storage of "Medium/Heavy Duty" vehicles only at the owner's request, or at the order of a law enforcement agency or highway authority.

(5) $115 Maximum per day, per unit for outside storage of vehicles 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.

(6) $165 Maximum per day, per unit may be charged for inside storage of vehicles 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, only at the owner's request, or at the order of a law enforcement agency or highway authority.

(7) Pursuant to Section 72-9-603, 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 72-9-703.

(8) For the purpose of calculating storage rates, if the first six (6) hours of storage for a vehicle includes more than one day, the authorized storage fee is only the charge for one day.]

 

[R909-19-13. Maximum Non-Consent Non-Police Generated Towing Rate.

(1) The maximum rate for a "Light Duty" vehicle is $145 per tow.

(2) The maximum rate for a "Medium Duty" vehicles is $240 per tow.

(3) The maximum rate for a "Heavy Duty" vehicle is $300 per tow.

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

(a) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle, 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, 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) Pursuant to Section 72-9-603, 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 72-9-703.

(6) 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.]

 

[R909-19-14. Maximum Storage Rates. Non-Consent Non-Police Generated Tows.

(1) $25 Maximum per day, per unit, for outside storage of "Light Duty" vehicles.

(2) $30 Maximum per day, per unit may be charged for inside storage of "Light Duty" vehicles only at the owner's request, or at the order of a law enforcement agency or highway authority.

(3) $45 Maximum per day, per unit for outside storage of "Medium/Heavy Duty" vehicles.

(4) $70 Maximum per day, per unit may be charged for inside storage of "Medium/Heavy Duty" vehicles only at the owner's request, or at the order of a law enforcement agency or highway authority.

(5) $100 Maximum per day, per unit for outside storage of vehicles 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.

(6) $150 Maximum per day, per unit may be charged for inside storage of vehicles 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, only at the owner's request, or at the order of a law enforcement agency or highway authority.

(7) Pursuant to Section 72-9-603, 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 72-9-703.

(8) For the purpose of calculating storage rates, if the first six (6) hours of storage for a vehicle includes more than one day, the authorized storage fee is only the charge for one day.]

 

[R909-19-15. Fuel Surcharge for Non-Consent Police and Non-Consent Non-Police Generated Tows.

(1) When the daily Rocky Mountain Average, as determined by the Department of Energy, for the price of fuel raises $0.25 from the base rate of $3.00 to $3.25 per gallon, a tow truck motor carrier may charge a 5% surcharge of the base tow rate. An additional 5% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate.

 

TABLE

   
   Fuel Surcharge            Fuel Price   
Size of Tow   Base Rate   $3.25   $3.50    $3.75    $4.00    $4.25   
Light Duty     $145.00    $7.25   $14.50   $21.75   $29.00   $36.25   
Medium Duty    $240.00    $12.00  $24.00   $36.00   $48.00  $60.00   
Heavy Duty     $300.00    $15.00  $30.00   $45.00   $60.00  $75.00

 

(a) To determine the Rocky Mountain daily average per gallon diesel cost, refer to http://tonto.eia.doe.gov/oog/info/wohdp/diesel.sap.

(b) The fuel surcharge may be charged on non-consent police generated tow when the vehicle is being used in the function of a tow vehicle i.e. travel to and from the scene and during the operation of equipment for recovery operation. Non-consent non-police tows may charge a one time fee.

(c) Surcharge fee shall be listed as a separate fee on the tow bill.]

 

R909-19-11. Non-Consent Towing, Storage, Administrative and Fuel Surcharge Fees.

(1) The Motor Carrier Division is required to establish the allowable maximum fees for tow truck service, storage, the tow truck carrier's administrative fee for reporting the removal, and the fuel surcharge as per Utah State Code 72-9-603. The Towing Fees Schedule is published on the Division's website at http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 .

(2) The allowable maximum fee for tow truck service and the maximum allowable administrative fee for reporting the removal ("Allowable Maximum Fees") shall be tied to the Consumer Price Index for all Urban Wage Earners and Clerical Workers (CPI-W) in the West Urban Region of the U.S. The (CPI-W) is calculated by the U.S. Department of Labor, Bureau of Labor and Statistics (BLS), which publishes CPI Detailed Report Tables every month on its web site at http://www.bls.gov/cpi/tables.htm.

(3) The Motor Carrier Division shall adjust the Allowable Maximum Fees once annually as follows:

(a) The base fee schedule for each calendar year after a year in which the motor Carrier Division determines the Allowable Maximum Fees pursuant to R909-19-11(1) shall be adjusted effective January 1 of each such calendar year (the "Adjustment Date").

(b) The adjustment amount of the Allowable Maximum Fees shall be equal to the change in the CPI-W for the twelve-month period prior to the October CPI-W figure reported by the BLS immediately preceding the Adjustment Date in question.

(c) The first CPI-W based adjustment to the Allowable Maximum Fees shall be equal to the cumulative change in the CPI-W for 2014 and 2015.

(d) If the twelve month change in the CPI-W from October to October is negative, the Allowable Maximum Fees shall remain unchanged until the next Adjustment Date.

(e) The Division of Motor Carriers shall round the Allowable Maximum Fees to the nearest whole number.

(4) A Tow Truck Motor Carrier may charge up to but not exceeding the approved tow rate, based upon the type of non-consent tow, as indicated in the Towing Fee Schedule published online at http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 .

(a) An additional 15% of the fee for tow truck service may be charged if the towed vehicle is used in the transportation of materials found to be hazardous for the purposes of and in accordance with 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.

(b) If a tow truck apparatus is mechanically connected to a vehicle, the tow truck motor carrier shall be considered in possession of the vehicle.

(c) If the owner, authorized operator, or authorized agent of the owner of a motor vehicle is attempting to retrieve said vehicle before the tow truck motor carrier is in possession of the vehicle, no fee(s) shall be charged to the vehicle owner.

(d) If the owner, authorized operator, or authorized agent of the owner of the vehicle is attempting to retrieve the vehicle after the tow truck motor carrier is in possession of the vehicle but before the vehicle is removed from the property or scene, the maximum fee shall not exceed 50% of the posted rate schedule.

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

(f) Tow Truck Motor Carriers shall obey all applicable local municipal and county laws, pertaining to placement of signs, notification, and other towing related ordinances.

(g) Strobe lights are not allowed on Tow Trucks. The acceptable color for tow truck lights is amber.

(5) A Tow Truck Motor Carrier may charge up to but not exceeding the amount for storage per day for the type of non-consent tow as indicated in the Towing Fee Schedule as published online at, http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 .

(a) A Tow Truck Motor Carrier may charge a higher fee for inside storage per day per unit as indicated in the Towing Fees Schedule as published at on the Divisions website at, http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 . Only if requested by the owner(s), or a law enforcement agency or highway authority.

(b) Vehicles 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 may be charged a higher storage fee rate based upon the Towing Fees Schedule as published online at, http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 .

(c) For the purpose of calculating storage rates, if the first six (6) hours of storage for a vehicle includes more than one day, the authorized storage fee is only the charge for one day.

(6) A Tow Truck Motor Carrier may charge an administrative fee for reporting the removal of up to but not exceeding the amount indicated in the Towing Fee Schedule as published online at, http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396 per vehicle notification for reporting non-consent tows to the Department of Motor Vehicles and for sending notifications to the owner and lien-holder (if applicable).

(7) A Tow Truck Motor Carrier may charge a fuel surcharge When the daily Rocky Mountain Average, as determined by the Department of Energy, for the price of fuel reaches $3.25 per gallon, a tow truck motor carrier may charge a surcharge equal to 5% of the base tow rate. An additional 5% shall be allowed for each $0.25 per gallon increase. Conversely, as the price of fuel drops, the fuel surcharge shall decrease by the same rate.

(a) To determine the Rocky Mountain daily average per gallon diesel cost, refer to the U.S. Energy Information Administration's website at, http://tonto.eia.doe.gov/oog/info/wohdp/diesel.sap.

(b) The fuel surcharge may be charged on non-consent police generated tow when the vehicle is being used in the function of a tow vehicle i.e. travel to and from the scene and during the operation of equipment for recovery operation. Non-consent non-police tows may charge a onetime fee.

(c) Surcharge fee shall be listed as a separate fee on the tow bill.

 

R909-19-[16]12 . Towing and Storage Rates. Public Consent Tows.

Towing rates for public consent tows are the responsibility of the consumer and the tow truck motor carrier as contracted for services rendered and are not regulated by the Department.

 

R909-19-[17]13 . Rates and Storage Posting Requirements.

Pursuant to Section 72-9-603, a tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current non-consent fees and rates for towing and storage of a vehicle.

 

R909-19-[18]14 . Federal Motor Carrier Safety Requirements.

All tow truck motor carriers that meet the definition of a commercial motor carrier shall comply with all State and Federal Motor Carrier Safety Regulations, in addition to any other legal requirements established in statute, rule, or permit.

 

R909-19-[19]15 . Consumer Protection Information.

Pursuant to Section 72-9-602, the Department shall make consumer protection information available to the public that may use a tow truck motor carrier. To obtain such information, the public can call the Motor Carrier Division at [phone].

 

R909-19-[20]16 . Establishment of Tow Truck Steering Committee and Work Group.

(1) The Administrator for the Motor Carrier Division will establish a Steering Committee to provide advisory information and input.

(2) The Motor Carrier Advisory Board, established by the Governor, will serve as the steering body for regulatory guidance and the Department's certification process.

 

[R909-19-21. Annual Review of Rates, Fees and Certification Process.

(1) During the regularly scheduled Motor Carrier Advisory Board meeting in August of each year, the board will review rates, fees, tow truck motor carrier procedures, and the certification process. The board is not required to review each of these items every year.

(2) This meeting will provide a forum for interested parties to provide evidence in support of any rate or fee increase or issues related to procedures regarding the certification process.

(3) All interested parties must notify the Department of these issues by August 1 of each year to ensure placement on the agenda.]

 

R909-19-17. Annual Review of Rates, Fees and Certification Process.

(1) During the regularly scheduled Motor Carrier Advisory Board meeting in August of each year, the board may review rates, fees, tow truck motor carrier procedures, and the certification process. The board is not required to review each of these items every year.

(2) The purpose of this meeting is to provide an opportunity and forum for interested parties to submit evidence in support of or against proposed rate or fee adjustments, or issues related to procedures regarding the certification process.

(3) Interested parties must notify the Department of their desire to appear and be heard at the August Advisory Board meeting by August 1 of each year to ensure placement on the agenda.

 

R909-19-[22]18 . Ability to Petition for Review.

Any Tow Truck Carrier who believes the Division has acted wrongfully in denying or suspending certification or in imposing a cease-and-desist order may petition the Department for review of that action pursuant to Utah Admin. Code R907-1, Administrative Procedures.

 

R909-19-[23]19 . Record Retention.

Tow Truck Motor Carriers shall retain records relating to rates charged for services for a period of six months after the service has been provided. However, if the Division or the vehicle owner have notified the carrier that it disputes its ability to charge a particular fee, the carrier shall retain the record until six months after the dispute has concluded or a court rule or order requires a longer retention period.

 

R909-19-[24]20 . Life Essential Property.

Property which is deemed as life essential shall be given to the vehicle owner regardless of payment for rendered services.

 

KEY: safety regulations, tow trucks, towing, certifications

Date of Enactment or Last Substantive Amendment: [July 8, 2014]2016

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

 

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