Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 129 (2016GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/21/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts a provision related to the collection of a credit card processing fee by a tow truck driver, a tow truck motor carrier, or an impound yard.

Every vote on this bill

Bill text

TOWING SURCHARGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to tow truck operations.
Highlighted Provisions:
This bill:
▸ enacts a provision related to the collection of a credit card processing fee by a tow
truck driver, a tow truck motor carrier, or an impound yard.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-9-603
, as last amended by Laws of Utah 2014, Chapter 249
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-9-603
 is amended to read:
72-9-603.
Towing notice requirements -- Cost responsibilities -- Abandoned
vehicle title restrictions -- Rules for maximum rates and certification.
(1) Except for a 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, after performing a tow
truck service that is being done without the vehicle, vessel, or outboard motor owner'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 the
requirements of Subsection 
41-6a-1406
(4)(b); and
(ii) contact the law enforcement agency having jurisdiction over the area where the
vehicle, 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 was
removed;
(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 number
and license number or other identification number issued by a state agency;
(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 the vehicle, vessel, or outboard motor obtained from the Motor Vehicle Division or if the
person has actual 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 other
identification number issued by a state agency; and
(vi) costs and procedures to retrieve the vehicle, vessel, or outboard motor; and
(c) upon initial contact with the owner whose vehicle, vessel, or outboard motor was
removed, provide the owner with a copy of the Utah Consumer Bill of Rights Regarding
Towing established by the department in Subsection (7)(e).
(2) (a) Until the tow truck operator or tow truck motor carrier reports the removal as
required under Subsection (1)(a), a tow truck operator, tow truck motor carrier, or impound
yard may 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 motor
carrier may not perform a tow truck service without the vehicle, vessel, or outboard motor
owner's or a lien holder's knowledge at either of the following locations without signage that
meets 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 information
in 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 carrier
that 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 number
of the mobile home park or multifamily dwelling manager or management office that
authorized the 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; or
(ii) 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
in Section 
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 only
responsible 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, non-life
essential items that are owned by the owner of the vehicle and securely stored by the tow truck
operator, vessel, or outboard motor until paid.
(5) A person may not request a transfer of title to an abandoned vehicle until at least 30
days after notice has been sent under Subsection (1)(b).
(6) (a) A tow truck motor carrier or impound yard shall clearly and conspicuously post
and disclose all its current fees, rates, and acceptable forms of payment for tow truck service
and storage of a vehicle in accordance with rules established under Subsection (7).
(b) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
payment by cash and debit or credit card for a tow truck service under Subsection (1) or any
service rendered, performed, or supplied in connection with a tow truck service under
Subsection (1).
(7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Department of Transportation shall:
(a) subject to the restriction in Subsection (8), set maximum rates that:
(i) a tow truck motor carrier may charge for the tow truck service of a vehicle, vessel,
or outboard motor that are transported in response to:
(A) a peace officer dispatch call;
(B) a motor vehicle division call; and
(C) any other call or request where the owner of the vehicle, vessel, or outboard motor
has not consented to the removal; and
(ii) an impound yard may charge for the storage of a vehicle, vessel, or outboard motor
stored as a result of one of the conditions listed under Subsection (7)(a)(i);
(b) establish authorized towing certification requirements, not in conflict with federal
law, 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 charged
and acceptable forms of payment by a tow truck motor carrier or impound yard;
(d) set a maximum rate for an administrative fee that a tow truck motor carrier may
charge for reporting the removal as required under Subsection (1)(a)(i) and providing notice of
the removal to the registered owner and lienholder of the vehicle, vessel, or outboard motor as
required in Subsection (1)(b); and
(e) establish a Utah Consumer Bill of Rights Regarding Towing form that contains
specific information regarding:
(i) a vehicle owner's rights and responsibilities if the owner's vehicle is towed;
(ii) identifies the maximum rates that a tow truck motor carrier may charge for the tow
truck service of a vehicle, vessel, or outboard motor that is transported in response to a call or
request where the owner of the vehicle, vessel, or outboard motor has not consented to the
removal; and
(iii) identifies the maximum rates that an impound yard may charge for the storage of
vehicle, vessel, or outboard motor that is transported in response to a call or request where the
owner of the vehicle, vessel, or outboard motor has not consented to the removal.
(8) An impound yard may not charge a fee for the storage of an impounded vehicle,
vessel, or outboard motor if:
(a) the vehicle, vessel, or outboard motor is being held as evidence; and
(b) the vehicle, vessel, or outboard motor is not being released 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
.
 (9) In addition to the maximum rates established under Subsection (7) and when
 receiving payment by credit card, a tow truck operator, a tow truck motor carrier, or an 
 impound yard may charge a credit card processing fee in an amount equal to the lesser of: 
 (a) the actual cost of processing the credit card transaction; or 
 (b) 3% of the transaction total.