DAR File No. 37624

Transportation, Motor Carrier

Section R909-19-7

Towing Notice Requirements

Notice of 120-Day (Emergency) Rule

DAR File No.: 37624
Filed: 05/14/2013 05:02:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this emergency rule is to establish the Utah Consumer Bill of Rights Regarding Towing and to establish guidelines for distributing it to consumers, as required by H.B. 115 (2013 General Session).

Summary of the rule or change:

The proposed amendment establishes guidelines for providing to consumers, and outlines the information to be included in, the Utah Consumer Bill of Rights Regarding Towing, such as the maximum rates a tow truck motor carrier may charge, verification of reporting to the Impound Vehicle System (IVS), compliance with Federal Motor Carrier Safety Regulations, the consumer's right to file a complaint with the Motor Carrier Division of the Utah Department of Transportation, and directions to web sites where additional information may be found.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: H.B. 115 (2013) requires the Utah Department of Transportation to establish a Utah Consumer Bill of Rights Regarding Towing, and requires tow truck operators to provide a copy to the owner whose vehicle was removed. The bill goes into effect 05/14/2013. By enacting this emergency rule amendment, the department will be in compliance with the requirements of the bill, and it will provide the tow truck operators guidelines and the information they are required to provide to consumers.

State statutory or constitutional authorization for this rule:

• Subsection 72-9-603(7)

Anticipated cost or savings to:

the state budget:

There may be an initial increase in the number of consumer complaints the Motor Carrier Division is required to investigate, but the additional time and costs will be absorbed within existing budgets. In the long run, with increased compliance with the rule, the division anticipates a reduction in the number of complaints and the time spent investigating them.

local governments:

There is no anticipated cost or savings to local governments because the Motor Carrier Division regulates tow truck motor carriers and enforces this rule.

small businesses:

Small businesses that are tow truck motor carriers will incur the cost of printing copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers. If a business ordered 1,000 copies at $0.15 per copy, the cost would be $150.

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 Motor Carrier Division regulates tow truck motor carriers and enforces this rule.

Compliance costs for affected persons:

In order to comply with this rule, tow truck motor carriers will incur the cost of printing copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers. If a business ordered 1,000 copies at $0.15 per copy, the cost would be $150.

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

The only anticipated fiscal impact on businesses from this amendment is the costs tow truck motor carriers will incur to print copies of the Utah Consumer Bill of Rights Regarding Towing to provide to consumers as required by H.B. 115 (2013).

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:

• Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at cwnewman@utah.gov

This rule is effective on:

05/14/2013

Authorized by:

Carlos Braceras, Interim Executive Director

R909. Transportation, Motor Carrier.

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

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 certified 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) Tow Truck motor carrier or the tow truck driver must provide a copy of the Utah Consumer Bill of Rights Regarding Towing upon first contact to the owner of a vehicle, vessel, or outboard motor that was towed, before payment of fees can be collected. 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:

(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. See https://rules.utah.gov/publicat/code/r909/r909-019.htm

(i) Non Consent Police Generated; Tow fee - up to $145.00 per hour; Storage fee - up to $25.00 per day; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee; See R909-19-14 for specific fuel surcharge rate.

(ii) Non-Consent (Personal Property) Non-Police Generated; Tow fee - up to $145.00 Drop Fee (if not towed) $72.50; Storage fee -up to $25.00 per day; Administrative fee - up to $30.00; Fuel Surcharge - percentage of tow fee; See R909-19-14 for specific fuel surcharge rate.

(b) All non-consent tows must be reported to the Utah Motor Vehicle Division via the Impound Vehicle System before payment can be collected as per Utah Code Annotated Sections 41-6a-1406 and 72-9-603, verification can be done at www.tow.utah.gov.

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

(c) The tow truck motor carrier, driver(s) and vehicle(s) must comply with Federal Motor Carrier Safety Regulations, www.udot.utah.gov, click on the Motor Carrier Division 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) Complaint's may be filed online with the Utah Department of Transportation at www.udot.gov by clicking on the Motor Carrier Division link, then by clicking on towing/tow trucks link.

KEY: safety regulations, trucks, towing, certifications

Date of Enactment or Last Substantive Amendment: May 14, 2013

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