DAR File No. 43443
This rule was published in the January 1, 2019, issue (Vol. 2019, No. 1) of the Utah State Bulletin.
Transportation, Motor Carrier
Rule R909-19
Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation, and Certification
Notice of Proposed Rule
(Amendment)
DAR File No.: 43443
Filed: 12/14/2018 02:47:49 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
These proposed amendments to Rule R909-19 are to address concerns expressed to the Department of Transportation (Department) by the tow truck motor carrier industry, to update the rule to reflect current industry practices, to clarify certain ambiguities, and to make technical changes to this rule.
Summary of the rule or change:
Section R909?19?11 was entirely deleted and replaced. The information from this section was then divided into seven new sections, with revised heading names. There was a consensus that this would allow specific fee areas to be immediately located. The new Section R909?19?11 added additional clarification for a recovery operation. The new Section R909?19?12 separated out the police generated towing fee calculation. The new Section R909?19?13 includes the updated storage fee. The new Section R909?19?14 separated out the non?consent fuel surcharge fee. The new Rule R909?19?15 separated out the non?consent administrative fee. The new Section R909?19?16 separated out the administrative fee adjustment. The new Section R909?19?17 separated out information for public consent towing fee. The new Section R909?19?18 added additional language related to posting requirements.
Statutory or constitutional authorization for this rule:
- Section 41-6a-1406
- Section 41-6a-1405
- Section 72-9-602
- Section 53-1-106
- Section 53-8-105
- Section 72-9-601
- Section 72-9-604
- Section 72-9-603
- Section 72-9-703
- Section 72-9-303
- Section 72-9-701
- Section 72-9-702
- Section 41-6a-1404
Anticipated cost or savings to:
the state budget:
The Department estimates that neither it nor the state will experience a fiscal impact related to these proposed amendments because state and federal law already require it to regulate and inspect motor carrier commercial vehicles. These proposed amendment will not change the amount of work required to meet the Department's responsibilities.
local governments:
The Department estimates these proposed rule changes will not cause any fiscal impact to local governments because they only change how the Department regulates the tow truck motor carrier industry. These proposed changes do not require local governments to do anything.
small businesses:
Proposed changes to Section R909-19-18 will require tow truck motor carriers and impound yards, all of which are small businesses, to post all non-consent tow fees and rates for towing and storage at all locations. The tow truck motor carrier would have to pay the cost of installing additional signage to ensure that fees are posted as required. The Department does not know how many tow truck motor carriers will need to post new signs, how many signs the average tow truck motor carrier will need to install, nor what the cost of these signs is. Therefore, it is not possible to estimate this additional compliance cost at present.
persons other than small businesses, businesses, or local governmental entities:
The Department estimates these proposed rule changes will not cause any fiscal impact to persons other than small businesses, businesses, or local government entities because they only change how the Department regulates the tow truck motor carrier industry.
Compliance costs for affected persons:
As stated in small businesses cost above, the proposed changes to Section R909-19-18 will require tow truck motor carriers and impound yards, all of which are small businesses, to post all non-consent tow fees and rates for towing and storage at all locations. They will be required to pay the cost of installing additional signage to ensure that fees are posted as required. The Department does not know how many tow truck motor carriers will need to post new signs, how many signs the average tow truck motor carrier will need to install, nor what the cost is for these signs. Therefore, it is not possible to estimate this additional compliance cost at present.
Comments by the department head on the fiscal impact the rule may have on businesses:
These proposed rule changes will not have a fiscal impact on businesses in general.
Carlos Braceras, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
TransportationMotor 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
- James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov
- Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov
- Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at jdangel@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:
01/31/2019
This rule may become effective on:
02/07/2019
Authorized by:
Carlos Braceras, Executive Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Small and Non-Small Businesses
1) The Department of Transportation (Department) estimates the motor vehicle towing industry in Utah includes the businesses most likely to experience a material fiscal impact resulting from these proposed amendments. This fiscal impact may be positive or negative, depending upon the individual business, or type of business impacted, and how we define fiscal impact.
2) The industry regulated by this administrative rule is the Motor Vehicle Towing industry. This administrative rule defines members of this industry as tow truck motor carriers. The Department of Workforce Services (DWS) Firm Find Data lists 99 establishments identified by the NAICS industry code 488410, which is assigned to the Motor Vehicle Towing industry. However, Department records indicate there are approximately 600 Tow Truck Motor Carriers operating in Utah.
3) All the approximately 600 Tow truck motor carriers are small businesses, as defined by Subsection 63G-3-102(19). For a complete list of these firms, contact the Department.
4) Proposed changes to Section R909-19-18 will require tow truck motor carriers and impound yards to post all non-consent tow fees and rates for towing and storage at all locations. The tow truck motor carrier would have to pay the cost of installing additional signage to ensure that fees are posted as required. The Department does not know how many tow truck motor carriers will need to post new signs, how many signs the average tow truck motor carrier will need to install, nor what the cost of these signs is. Therefore, it is not possible to estimate this additional compliance cost at present.
5) The Department estimates this proposed rule change will not cause any fiscal impact to local governments because it only changes how the Department regulates the tow truck motor carrier industry.
6) The Department estimates that neither it nor the state will experience a fiscal impact related to this proposed amendment because state and federal law already require it to regulate and inspect motor carrier commercial vehicles. This proposed amendment will not change the amount of work required to meet its responsibilities.
7) Carlos Braceras, executive director of the Department has reviewed and approved this fiscal analysis.
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 [T]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 [M]moves" means a tow operation initiated by law
enforcement to move a wrecked or disabled motor vehicle.
(5) "Gross [C]combination [W]weight [R]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 [V]vehicle [W]weight [R]rating (GVWR)" means the value specified by the
manufacturer as the loaded weight of a single motor vehicle.
(7) "Life-[E]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-[C]consent [P]police [G]generated [T]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-[C]consent [N]non-[P]police [G]generated [T]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 [O]office [H]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 [
O]operation" means a towing service that may
require charges in addition to the normal one-truck/one-operator
towing service requirements. The additional charges may include
charges for manpower, extra equipment, [traffic control, and special recovery
equipment
]and supplies
necessary for the recovery operation.
(12) "Tow [T]truck" means a
commercial[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 [T]truck [C]certification [P]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 [T]truck [M]motor [C]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 [T]truck [S]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 [T]truck [S]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 [V]vehicle
-[C]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 [D]duty" means any towed vehicle with a GVWR 10,000 pounds
or less;
(ii) "Medium [D]duty" means any towed vehicle with a GVWR between
10,001 [and]to 26,000 pounds;
(iii) "Heavy [D]duty" means any towed vehicle with a GVWR or GCWR
26,001 pounds and greater.
(16) "Tow Truck Operator" means a natural person who drives or operates the towing equipment , or a motor vehicle adapted to or designed for the towing of motor vehicles.
(17) "Tow [T]truck [M]motor [C]carrier [S]steering [C]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) [Tow Truck Motor Carriers]Tow truck motor carriers performing emergency moves shall
maintain liability insurance coverage of at least $750,000 per
occurrence. Tow [Truck Motor Carriers]truck motor carriers performing non-emergency moves shall
maintain liability insurance coverage of at least $1,000,000 per
occurrence.
(2) All [Tow Truck Motor Carriers]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.
(3) Evidence of required insurance 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]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]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
Utah Code Subsection 41-6a-1406(11).
(2) [Tow Truck Motor Carriers]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]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.]
(
3[5]) The tow truck motor carrier or the tow truck
operator 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.
(
4[6]) The Utah Consumer Bill of Rights Regarding
Towing shall contain the language and information as published at,
www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:396.
(
a[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, operator(s) and vehicle(s)
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.]
(
b[d]) A consumer has the right to file a complaint
alleging:
(i) Overcharges;
(ii) [I]inadequate certification for the operator, truck or company,
and;
(iii) [V]violations of the Federal Motor Carrier Safety Regulations,
Utah Code Annotated
, or Utah Administrative Code.
[(e)](c) Complaints may be filed online with the Utah Department
of Transportation at [http://www.udot.utah.gov.]https://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:4610,66405
[Click on the Motor Carrier Division tab, Motor Carrier
Contacts, and click on Motor Carrier Comments and
Complaints; ]or by contacting the Motor Carrier Division
at (801) 965-[5]4892.
R909-19-8. Certification.
There are three (3) certifications required by the Department.
(1) Tow Truck Operator Certification.
(a) Effective July 1, 2004 all tow truck
operators will be tested and certified in accordance with
Towing & Recovery Association of America Inc (TRAA)[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)](iii) Utah Safety Council;
or
[(v) North American Towing Academy; or]
[(vi)](iv) Other driver testing certification programs approved by
the Department to meet certification requirements, however, the [Tow Truck Motor Carrier]tow truck motor carrier must obtain prior approval in
writing from the Motor Carrier Division Administrator or Division
representative by calling (801) 965-4892.
(b) Information on qualified certification programs may be obtained by contacting the Motor Carrier Division at (801) 965-4892.
(c) [Tow Truck Motor Carriers]Tow truck motor carriers shall ensure that all tow truck
operators:
(i) are properly trained and certified to operate tow truck equipment;
(ii) are licensed, as required under Utah Code Sections 53-3-101, through 53-3-909 Uniform Driver License Act;
(iii) are complying with the requirements under Utah Code Sections 41-6a-1406 and 72-9-603;
(iv) have cleared the criminal background
check required in Subsections 72-9-602(2) and (3). In addition, a
tow truck motor carrier must notify the department of a[n] tow truck operator whom is not in compliance
with 72-9-602(3) within two business days of obtaining knowledge
from the Bureau of Criminal Identification.
(v) obtain and maintain a valid medical examiner's certificate under 49 C.F.R Sec 391.45.
(2) Tow Truck Vehicle Certification.
(a) All tow trucks shall [be inspected and certified]receive and pass a tow truck certification inspection
biannually.
(b) All tow trucks must be equipped with
required safety equipment. Safety Equipment List can be found at [http://www.udot.utah.gov/main/f?p=100:pg:::1:T,V:396]https://www.udot.utah.gov/main/f?p=100:pg::::1:T,V: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
retained[kept in the vehicle files] and [be ]available upon request by Department
personnel.
(3) Tow [Truck Motor Carrier]truck motor carrier Certification.
(a) Tow [Truck Motor Carriers]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]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.
(1) 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;
(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. 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 https://www.eia.gov/.
(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.]
R909-19-11. Non-Consent Towing Fee.
(1) A tow truck motor carrier may charge up to but not exceed 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, or directed by law enforcement 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.
(i) If attempts to coordinate the recovery operation charges with the towed vehicle owner fail, law enforcement personnel may authorize the recovery operation.
(ii) At least two attempts must be made to contact the towed vehicle owner.
(iii) Record of owner coordination or law enforcement authorization shall be maintained by a tow truck motor carrier for each recovery operation. The record shall include contact name, entity, contact time and date, and agreement made.
(iv) Uncoordinated or unauthorized recovery operation fees may be subject to penalty and reimbursement of recovery operation fees.
R909-19-12. Police Generated Towing Fee Calculation.
(1) Tows dispatched during business hours: Tow time shall be calculated from dispatch time to completion of tow service.
(2) Tows dispatched after business hours: Tow time shall be calculated from dispatch time to completion of tow service and return to dispatch location. Time to return to dispatch location shall not exceed allowed rotation response time.
(3) Time charged shall be to the nearest fifteen-minute increment.
(4) Charges may not extend to include the towing notice requirement period pursuant to Utah Code Subsections 72-9-603(1)(a)(i) or 41-6a-1406(4)(a)(ii).
R909-19-13. Non-consent Towing Storage Fee.
(1) Daily storage fees for Non-consent Police generated tow service may not exceed:
(a) Outside storage: light duty $40, medium duty $60, heavy duty $60
(b) Inside Storage: light duty $45, medium duty $85, heavy duty $85
(c) Outside hazardous materials: medium duty $115, heavy duty $115
(d) Inside hazardous materials: medium duty $165, heavy duty $165
(2) Daily storage fees for Non-consent non-police generated tow service may not exceed:
(a) Outside storage: light duty $25, medium duty $45, heavy duty $45
(i) Light duty state approved yard: $40, medium duty $60, heavy duty $60.
(b) Inside Storage: light duty $45, medium duty $85, heavy duty $85
(c) Outside hazardous materials: medium duty $115, heavy duty $115
(d) Inside hazardous materials: medium duty $165, heavy duty $165.
(3) 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.
(a) A tow truck motor carrier may charge a higher fee for inside storage per day per unit 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.
(c) For the purpose of calculating storage rates, if the first six hours of storage for a vehicle includes more than one day, the authorized storage fee is only the charge for one day.
R909-19-14. Non-consent Fuel Surcharge Fee.
(1) 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 https://www.eia.gov/.
(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.
R909-19-15. Non-consent Administrative Fee.
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).
R909-19-16. Tow Truck Service and Administrative Fee Adjustment.
(1) The Motor Carrier Division is required to establish the allowable maximum fee for a tow truck service and administrative fee for reporting the removal, 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 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 https://www.bls.gov/cpi/tables/home.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) 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.
(d) The Division of Motor Carriers shall round the allowable maximum fees to the nearest whole number.
R909-19-17[2].
Public Consent
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.
R909-19-18[3]. 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 at all locations at which vehicles are retrieved, or payment is accepted.
R909-19-19
[4]. 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.
R909-19-20[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, including a list of [Tow Truck Motor Carriers]tow truck motor carriers that are currently certified by the
Department, the public can access this information online at
http://www.udot.utah.gov/main/f?p=100:pg::::1:T,V:396, or by
calling the Motor Carrier Division at (801) 965-4892.
R909-19-21[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.
R909-19-22[17]. Review of Rates, Fees and Certification Process.
(1) During a regularly scheduled Motor Carrier Advisory Board meeting, 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)(a) Interested parties must notify the department of their desire to appear and be heard at a regularly scheduled Motor Carrier Advisory Board meeting. To ensure placement on the agenda, notify the Motor Carrier Division at 801-965-4892, by the first day of the month of the scheduled meeting.
(b) Interested parties must be present at the Motor Carrier Advisory Board meeting to submit evidence supporting or challenging proposed rate or fee adjustments, or issues related to procedures regarding the certification process.
R909-19-23[18]. Ability to Petition for Review.
Any [Tow Truck Carrier]tow truck motor 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.
R909-19-24[19]. Record Retention.
[Tow Truck Motor Carriers]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.
R909-19-25[0]. 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: [January 24, 2018]2019
Notice of Continuation: June 2, 2016
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
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact 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; James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at jimpalmer@utah.gov; Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at lhull@utah.gov; Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at jdangel@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.