Public Safety, Highway Patrol

Rule R714-600

Performance Standards for Tow Truck Motor Carriers

Notice of Proposed Rule

(Amendment)

DAR File No.: 34895
Filed: 06/01/2011 03:51:06 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the proposed changes is to clean up language and clarify some definitions. In addition, the Utah Highway Patrol will coordinate tow rotation services and this amendment will reflect the change.

Summary of the rule or change:

The proposed changes in the rule will define a coordinator and tow truck. The rule change will establish the Utah Highway Patrol Patrol as the coordinating agency for the tow services. Each Utah Highway Patrol Section may designate a tow coordinator who will maintain the list and submit it to the local dispatch center. In addition, the changes will clarify definitions and clean up language in the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53-1-106(1)(a)(i)
• Section 41-6a-1406

Anticipated cost or savings to:

the state budget:

This rule amendment clarifies a tow rotation and establishes the Utah Highway Patrol as the coordinating agency. This will task the Section Commander to coordinate the program but will not require extra funding.

local governments:

This rule amendment clarifies a tow rotation and establishes the Utah Highway Patrol as the coordinating agency. This will task the Section Commander to coordinate the program but will not require extra funding.

small businesses:

The tow services and rotation system has been in place and utilized for several years. The proposed changes will not impact those services or incur additions costs.

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

This rule amendment clarifies a tow rotation and establishes the Utah Highway Patrol as the coordinating agency. The amendment will task the Section Commander to establish and coordinate the tow rotation program but will not require additional funding.

Compliance costs for affected persons:

There will be no additional costs for affected persons.

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

After review of Rule R714-600 and its proposed amendments, it is my opinion that these amendments will not have a fiscal impact on the Utah Department of Public Safety or any other state or governmental agency. It will also not alter the fiscal impact to tow truck companies or individuals whose cars are removed from a highway or other place as directed by a sworn officer because the rule only memorializes procedures that are already in use.

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:

• Mike McKay at the above address, by phone at 801-965-4481, by FAX at 801-965-4716, or by Internet E-mail at mmckay@utah.gov

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:

07/15/2011

This rule may become effective on:

07/22/2011

Authorized by:

Lance Davenport, Commissioner

R714. Public Safety, Highway Patrol.

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

R714-600-2. Purpose.

The purpose of this rule is to establish procedures for [the designation and dispatch of]a tow truck [motor carriers]to be dispatched 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" 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 ;

[(e)](f) "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 ; and

(g) "UHP" means the Department of Public Safety, Utah Highway Patrol.

 

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

(1) When a sworn officer determines that a vehicle must be [towed]removed from a highway or other place, the sworn officer shall contact the dispatch center which provides service for that area and request that a tow truck motor carrier be [dispatched]contacted so a tow truck can 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]is to be removed.

(3) [The]If the dispatch center is operated or maintained by the department, the dispatch center shall determine which tow truck motor carrier to [dispatch]contact according to the [policies and practices of that particular dispatch center]this rule.

(4) Nothing in this rule precludes the owner of a vehicle from contacting a tow truck motor carrier directly to [remove]make arrangements for the removal of the vehicle.

 

R714-600-5. [Designation of Tow Truck Motor Carriers by the Department]The Creation and Maintenance of a Towing Rotation List.

[(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.](1)(a) The UHP may assign a coordinator in each section office to create and maintain a towing rotation list of approved tow truck motor carriers in the area.

(b) If a towing rotation list is created, the coordinator shall be responsible for providing a copy of the current towing rotation list to the dispatch center that provides dispatch services for the area.

(2)(a) In order to be considered for inclusion on a UHP towing rotation list in a particular area, a tow truck motor carrier shall complete a UHP Towing Rotation Application and Agreement and submit it to the coordinator who is responsible for that area.

(b) A tow truck motor carrier shall complete a new UHP Towing Rotation Application and Agreement on or before July 1 ^st of each year.

(c) A truck motor carrier may be included on the towing rotation list, if it meets the requirements described in the UHP Towing Rotation Application and Agreement.

[(2)](3) The [call out list of tow truck motor carriers]towing rotation list 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)](4) A tow truck motor carrier must notify the [department dispatch center]coordinator if the tow truck motor carrier is out of service or [not available]unavailable so the [department dispatch center may temporarily remove the] tow truck motor carrier may be temporarily removed from the [call off list]towing rotation list.

[(4)](5)(a) A[ department dispatch center may permanently remove a] tow truck motor carrier may be permanently removed from the [call out list]towing rotation 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]fails to comply with any of the requirements found in Title 72, Chapter 9, Part 6, of the Utah Code or R909-19 and R873-22M-17 of the Utah Administrative Code;

(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 ; or

(vi) a tow truck motor carrier violates any of the terms and conditions contained in the UHP Towing Rotation Application and Agreement.

 

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]towing rotation list provided by the coordinator for that area.

(b) Department dispatchers will contact tow truck motor carriers in the order they appear on the [call out list]towing rotation 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]towing rotation 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]towing rotation 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]towing rotation 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]towing rotation 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]towing rotation 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: [January 24,] 2011

Notice of Continuation: August 3, 2009

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