72-9-603 - Towing notice requirements -- Cost responsibilities -- Abandoned vehicle title restrictions -- Rules for maximum rates and certification.
72-9-603. Towing notice requirements -- Cost responsibilities -- Abandoned vehicletitle restrictions -- Rules for maximum rates and certification.
(1) Except for tow truck service that was ordered by a peace officer, or a person acting onbehalf of a law enforcement agency, or a highway authority, as defined in Section 72-1-102, afterperforming a tow truck service that is being done without the vehicle, vessel, or outboard motorowner's knowledge, the tow truck operator or the tow truck motor carrier shall:
(a) immediately upon arriving at the place of storage or impound of the vehicle, vessel,or outboard motor:
(i) send a report of the removal to the Motor Vehicle Division that complies with therequirements of Subsection 41-6a-1406(4)(b); and
(ii) contact the law enforcement agency having jurisdiction over the area where thevehicle, vessel, or outboard motor was picked up and notify the agency of the:
(A) location of the vehicle, vessel, or outboard motor;
(B) date, time, and location from which the vehicle, vessel, or outboard motor wasremoved;
(C) reasons for the removal of the vehicle, vessel, or outboard motor;
(D) person who requested the removal of the vehicle, vessel, or outboard motor; and
(E) vehicle, vessel, or outboard motor's description, including its identification numberand license number or other identification number issued by a state agency; and
(b) within two business days of performing the tow truck service under Subsection (1)(a),send a certified letter to the last-known address of the registered owner and lien holder of thevehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the person hasactual knowledge of the owner's address to the current address, notifying the owner of the:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, location from which the vehicle, vessel, or outboard motor was removed;
(iii) reasons for the removal of the vehicle, vessel, or outboard motor;
(iv) person who requested the removal of the vehicle, vessel, or outboard motor;
(v) a description, including its identification number and license number or otheridentification number issued by a state agency; and
(vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor.
(2) (a) Until the tow truck operator or tow truck motor carrier reports the removal asrequired under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound yardmay not:
(i) collect any fee associated with the removal; or
(ii) begin charging storage fees.
(b) (i) Except as provided in Subsection (2)(c), a tow truck operator or tow truck motorcarrier may not perform a tow truck service without the vehicle, vessel, or outboard motorowner's or a lien holder's knowledge at either of the following locations without signage thatmeets the requirements of Subsection (2)(b)(ii):
(A) a mobile home park as defined in Section 57-16-3; or
(B) a multifamily dwelling of more than eight units.
(ii) Signage under Subsection (2)(b)(i) shall display:
(A) where parking is subject to towing; and
(B) (I) the Internet website address that provides access to towing database informationin accordance with Section 41-6a-1406; or
(II) one of the following:
(Aa) the name and phone number of the tow truck operator or tow truck motor carrierthat performs a tow truck service for the locations listed under Subsection (2)(b)(i); or
(Bb) the name of the mobile home park or multifamily dwelling and the phone numberof the mobile home park or multifamily dwelling manager or management office that authorizedthe vehicle, vessel, or outboard motor to be towed.
(c) Signage is not required under Subsection (2)(b) for parking in a location:
(i) that is prohibited by law;
(ii) that is prohibited by a declaration of the conditions, covenants, and restrictions or bya contract; or
(iii) if it is reasonably apparent that the location is not open to parking.
(d) Nothing in Subsection (2)(b) restricts the ability of a mobile home park as defined inSection 57-16-3 or a multifamily dwelling from instituting and enforcing regulations on parking.
(3) The owner of a vehicle, vessel, or outboard motor lawfully removed is onlyresponsible for paying:
(a) the tow truck service and storage fees set in accordance with Subsection (7); and
(b) the administrative impound fee set in Section 41-6a-1406, if applicable.
(4) The fees under Subsection (3) are a possessory lien on the vehicle, vessel, or outboardmotor until paid.
(5) A person may not request a transfer of title to an abandoned vehicle until at least 30days after notice has been sent under Subsection (1)(b).
(6) A tow truck motor carrier or impound yard shall clearly and conspicuously post anddisclose all its current fees and rates for tow truck service and storage of a vehicle in accordancewith rules established under Subsection (7).
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, theDepartment of Transportation shall:
(a) set maximum rates that:
(i) tow truck motor carriers may charge for the tow truck service of a vehicle, vessel, oroutboard motor that are transported in response to:
(A) a peace officer dispatch call;
(B) a motor vehicle division call; and
(C) any other call where the owner of the vehicle, vessel, or outboard motor has notconsented to the removal; and
(ii) impound yards may charge for the storage of a vehicle, vessel, or outboard motorstored as a result of one of the conditions listed under Subsection (7)(a)(i);
(b) establish authorized towing certification requirements, not in conflict with federallaw, related to incident safety, clean-up, and hazardous material handling;
(c) specify the form and content of the posting and disclosure of fees and rates chargedby a tow truck motor carrier or impound yard; and
(d) set a maximum rate for an administrative fee that a tow truck motor carrier maycharge for reporting the removal as required under Subsection (1)(a)(i) and providing notice ofthe removal to the registered owner and lienholder of the vehicle, vessel, or outboard motor asrequired in Subsection (1)(b).
Amended by Chapter 167, 2009 General Session