Utah Code 72-9-604. Preemption of local authorities — Tow trucks
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(1) As used in this section:
Terms Used In Utah Code 72-9-604
- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
- Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102
- Tow truck operator: means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier. See Utah Code 72-9-102
- 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. See Utah Code 72-9-102
- Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
(1)(a) “Abandoned” means a vehicle, vessel, or outboard motor for which a party described in Subsection 41-6a-1406 (6)(a) with an interest in the vehicle, vessel, or outboard motor does not, within 30 days after notice that the vehicle, vessel, or outboard motor was towed by a towing entity:
(1)(a)(i) pay the relevant fees; and
(1)(a)(ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
(1)(b) “Towing entity” means:
(1)(b)(i) a political subdivision of this state;
(1)(b)(ii) a state agency;
(1)(b)(iii) an interlocal agency created under Title 11, Chapter 13, Interlocal Cooperation Act; or
(1)(b)(iv) a special service district created under Title 17D, Chapter 1, Special Service District Act.
(2)
(2)(a) Notwithstanding any other provision of law, a political subdivision of this state may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow truck motor carrier, tow truck operator, or tow truck that conflicts with:
(2)(a)(i) any provision of this part;
(2)(a)(ii) Section 41-6a-1401 ;
(2)(a)(iii) Section 41-6a-1407 ; or
(2)(a)(iv) rules made by the department under this part.
(2)(b) A county or municipal legislative governing body may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:
(2)(b)(i) is holding the vehicle, vessel, or outboard motor as evidence; and
(2)(b)(ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien holder, or the owner’s agent even if the registered owner, lien holder, or the owner’s agent satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406 .
(3) A tow truck motor carrier that has a county or municipal business license for a place of business located within that county or municipality may not be required to obtain another business license in order to perform a tow truck service in another county or municipality if there is not a business location in the other county or municipality.
(4) A county or municipal legislative or governing body may not require a tow truck motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing certificate by the department, as described in Section 72-9-602 , to obtain an additional towing certificate.
(5) A county or municipal legislative body may require an annual tow truck safety inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:
(5)(a) no fee is charged for the inspection; and
(5)(b) the inspection complies with federal motor carrier safety regulations.
(6)
(6)(a) A tow truck shall be subject to only one annual safety inspection under Subsection (5)(b).
(6)(b) A county or municipality that requires the additional annual safety inspection shall accept the same inspection performed by another county or municipality.
(7)
(7)(a)
(7)(a)(i) If a towing entity uses a towing dispatch vendor described in Section 53-1-106.2 , the towing entity may charge a fee to cover costs associated with the use of a dispatch vendor as described in Section 53-1-106.2 .
(7)(a)(ii) Except as provided in Subsection (8), a fee described in Subsection (7)(a)(i) may not exceed the actual costs of the dispatch vendor contracted to provide the dispatch service.
(7)(b)
(7)(b)(i) Except as provided in Subsection (7)(b)(ii), if a towing entity does not use a towing dispatch vendor described in Section 53-1-106.2 , the towing entity may not charge a fee to cover costs associated with providing towing dispatch and rotation service.
(7)(b)(ii) A special service district created under Title 17D, Chapter 1, Special Service District Act, that charges a dispatch fee on or before January 1, 2023, may continue to charge a fee related to dispatch costs.
(7)(b)(iii) Except as provided in Subsection (8), a fee described in Subsection (7)(b)(ii) may not exceed an amount reasonably reflective to the actual costs of providing the towing dispatch and rotation service.
(7)(c) A towing entity may not charge a fee described in Subsection (7)(a)(i) or (7)(b)(ii) unless the relevant governing body of the towing entity has approved the fee amount.
(7)(d) In addition to fees set by the department in rules made in accordance with Subsection 72-9-603 (16), a tow truck operator or a tow truck motor carrier may pass through a fee described in this Subsection (7) to owners, lien holders, or insurance providers of towed vehicles, vessels, or outboard motors.
(8)
(8)(a) In addition to the fees described in Subsection (7), a tow truck operator or tow truck motor carrier may charge an additional fee to absorb unrecovered costs of abandoned vehicles related to the fees described in Subsections (7)(a)(i) and (7)(b)(ii).
(8)(b) Beginning May 3, 2023, and ending on June 30, 2025, a tow truck operator or tow truck motor carrier may charge a fee described in Subsection (8)(a) in an amount not to exceed an amount greater than 25% of the relevant fee described in Subsection (7)(a)(i) or (7)(b)(ii).
(8)(c)
(8)(c)(i) Beginning January 1, 2025, and annually thereafter, the towing entity shall, based on data provided by the State Tax Commission, determine the percentage of vehicles, vessels, or outboard motors that were abandoned during the previous year by:
(8)(c)(i)(A) determining the total number of vehicles, vessels, or outboard motors that were towed as part of a towing entity’s towing rotation during the previous calendar year that were also abandoned; and
(8)(c)(i)(B) dividing the number described in Subsection (8)(c)(i)(A) by the total number of vehicles, vessels, or outboard motors that were towed as part of the towing entity’s towing rotation during the previous calendar year.
(8)(c)(ii) No later than March 31, 2025, and each year thereafter, the towing entity shall publish:
(8)(c)(ii)(A) the relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii); and
(8)(c)(ii)(B) the percentage described in Subsection (8)(c)(i).
(8)(c)(iii) Beginning on July 1, 2025, and each year thereafter, a tow truck operator or a tow truck motor carrier may charge a fee authorized in Subsection (8)(a) in an amount equal to the percentage described in Subsection (8)(c)(i) multiplied by the relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii).
(8)(d) A tow truck operator or tow truck motor carrier shall list on a separate line on the towing invoice any fee described in this Subsection (8).
(9) A towing entity may not require a tow truck operator who has received an authorized towing certificate from the department to submit additional criminal background check information for inclusion of the tow truck motor carrier on a rotation.
(10) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck operator that responds may not respond to the location in a tow truck that is owned by a tow truck motor carrier that is different than the tow truck motor carrier that was dispatched.