Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 57 (2020GS)

Sponsor

Rep. Maloy, A.C.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits towing from private property unless certain requirements are met;
• allows political subdivisions and state agencies to enforce certain towing regulations;
• provides certain signage requirements where parking is enforced by towing;
• allows towing from property without signage after providing 24 hour written notice;
• establishes an affirmative defense to certain claims arising from towing; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 20, 2020 at 11:12 AM by lpoole.
TOWING SIGNAGE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: 
 Wayne A. Harper
LONG TITLE
Committee Note:
The Transportation Interim Committee recommended this bill.
Legislative Vote: 10 voting for 1 voting against 7 absent
General Description:
This bill revises provisions related to towing.
Highlighted Provisions:
This bill:
▸ prohibits towing from private property unless certain requirements are met;
▸ allows political subdivisions and state agencies to enforce certain towing
regulations;
▸ provides certain signage requirements where parking is enforced by towing;
▸ allows towing from property without signage after providing 24 hour written notice;
▸ establishes an affirmative defense to certain claims arising from towing; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
72-9-603
, as last amended by Laws of Utah 2019, Chapter 373
72-9-604
, as last amended by Laws of Utah 2019, Chapter 373
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) description, including the identification number, license number, or other
identification number issued by a state agency, of the vehicle, vessel, or outboard motor;
(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 each party described in Subsection
41-6a-1406
(5)(a) with an interest in the vehicle, vessel, or outboard motor obtained from the
Motor Vehicle Division or, if the person has actual knowledge of the party's address, to the
current address, notifying the party of the:
(i) location of the vehicle, vessel, or outboard motor;
(ii) date, time, and 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)
] 
(16)
(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)
] 
(a)
 collect any fee associated with the removal; or
[
(ii)
] 
(b)
 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) (a) Except as provided in Subsection (3)(b) or (9), a tow truck operator or tow truck
motor carrier may not perform a tow truck service at the request or direction of a private
property owner or the property owner's agent unless:
(i) the owner or a lien holder of the vehicle, vessel, or outboard motor consents to the
tow truck service; or
(ii) the property owner erects signage that meets the requirements of:
(A) Subsection (4)(b)(ii); and
(B) Subsection (7) or (8).
(b) Subsections (7) through (9) do not apply to the removal of a vehicle, vessel, or
outboard motor:
(i) from a location where parking is prohibited by law, including:
(A) a designated fire lane;
(B) within 15 feet of a fire hydrant, unless the vehicle is parked in a marked parking
stall or space; or
(C) a marked parking stall or space legally designated for disabled persons;
(ii) from a location where it is reasonably apparent that the location is not open to
parking;
(iii) from a location where all public access points are controlled by:
(A) a permanent gate, door, or similar feature allowing the vehicle to access the
facility; or
(B) a parking attendant;
(iv) from a location that materially interferes with access to private property;
(v) from the property of a detached single-family dwelling or duplex; or
(vi) pursuant to a legal repossession.
(4) (a) A private property owner may, subject to the requirements of a local ordinance,
enforce parking restrictions by:
(i) authorizing a tow truck motor carrier to patrol and monitor the property and enforce
parking restrictions on behalf of the property owner in accordance with Subsection (7);
(ii) enforcing parking restrictions as needed by requesting a tow from a tow truck
motor carrier on a case-by-case basis in accordance with Subsection (8); or
(iii) requesting a tow from a tow truck motor carrier after providing 24 hour written
notice in accordance with Subsection (9).
(b) (i) Any agreement between a private property owner and tow truck motor carrier
authorizing the tow truck motor carrier to patrol and monitor the property under Subsection
(4)(a)(i) shall include specific terms and conditions for the tow truck motor carrier to remove a
vehicle, vessel, or outboard motor from the property.
(ii) In addition to the signage described in Subsection (7) or (8), a private property
owner who allows public parking shall erect appropriate signage on the property indicating
clear instructions for parking at the property.
(iii) Where a single parking area includes abutting parcels of property owned by two or
more private property owners who enforce different parking restrictions under Subsection (7)
or (8), each property owner shall, in addition to the requirements under Subsection (7) or (8),
erect signage as required by this section:
(A) at each entrance to the property owner's parcel from another property owner's
parcel; and
(B) if there is no clearly defined entrance between one property owner's parcel and
another property owner's parcel, at intervals of 40 feet or less along the line dividing the
property owner's parcel from the other property owner's parcel.
(iv) Where there is no clearly defined entrance to a parking area from a highway, the
property owner shall erect signage as required by this section at intervals of 40 feet or less
along any portion of a property line where a vehicle, vessel, or outboard motor may enter the
parking area.
(5) Nothing in Subsection (3) or (4) restricts the ability of a private property owner
from, subject to the provisions of this section, instituting and enforcing regulations for parking
at the property.
(6) In addition to any other powers provided by law, a political subdivision or state
agency may:
(a) enforce parking restrictions in accordance with Subsections (7) through (9) on
property that is:
(i) owned by the political subdivision or state agency;
(ii) located outside of the public right-of-way; and
(iii) open to public parking; and
(b) request or direct a tow truck service in order to abate a public nuisance on private
property over which the political subdivision or state agency has jurisdiction.
(7) For private property where parking is enforced under Subsection (4)(a)(i), the
property owner shall ensure that each entrance to the property has the following signs located
on the property and clearly visible to the driver of a vehicle entering the property:
(a) a top sign that is 24 inches tall by 18 inches wide and has:
(i) a blue, reflective background with a 1/2 inch white
Ŝ→ [
, reflective
] ←Ŝ
border;
(ii) two-inch, white
Ŝ→ [
, reflective
] ←Ŝ
letters at the top of the sign with the capitalized
164a 
words
"Lot is Patrolled";
(iii) a white
Ŝ→ [
, reflective
] ←Ŝ
towing logo that is six inches tall and 16 inches wide that
depicts an entire tow truck, a tow hook, and an entire vehicle being towed; and
(iv) two-inch, white
Ŝ→ [
, reflective
] ←Ŝ
letters at the bottom of the sign with the
168a 
capitalized
words "Towing Enforced"; and
(b) a bottom sign that is 24 inches tall by 18 inches wide with a 1/2 inch white,
reflective border, and has:
(i) a top half that is red
Ŝ→ [
, reflective
] ←Ŝ
background with white, reflective letters
172a 
indicating:
(A) who is authorized to park or restricted from parking at the property; and
(B) any type of vehicle prohibited from parking at the property; and
(ii) a bottom half that has a white, reflective background with red
Ŝ→ [
, reflective
] ←Ŝ
175a 
 letters
indicating:
(A) the name and telephone number of the tow truck motor carrier that the property
owner has authorized to patrol the property; and
(B) the Internet web address "tow.utah.gov".
(8) For private property where parking is enforced under Subsection (4)(a)(ii):
(a) a tow truck motor carrier may not:
(i) patrol and monitor the property;
(ii) perform a tow truck service without the written or verbal request of the property
owner or the property owner's agent; or
(iii) act as the property owner's agent to request a tow truck service; and
(b) the property owner shall ensure that each entrance to the property has a clearly
visible sign located on the property that is 24 inches tall by 18 inches wide with a 1/2 inch
white, reflective border, and has:
(i) at the top of the sign, a blue
Ŝ→ [
, reflective
] ←Ŝ
background with a white, reflective
189a 
towing
logo that is at least 4 inches tall and 16 inches wide that depicts an entire tow truck, a tow
hook, and an entire vehicle being towed;
(ii) immediately below the towing logo described in Subsection (8)(b)(i), a
blue
Ŝ→ [
, reflective
] ←Ŝ
background with white, reflective letters at least 2 inches tall with the
capitalized words "Towing Enforced";
(iii) in the middle of the sign, a red
Ŝ→ [
, reflective
] ←Ŝ
background with white, reflective
195a 
letters
at least 1 inch tall indicating:
(A) who is authorized to park or restricted from parking at the property; and
(B) any type of vehicle prohibited from parking at the property; and
(iv) at the bottom of the sign, a white, reflective background with red
Ŝ→ [
, reflective
] ←Ŝ
199a 
 letters
at least 1 inch tall indicating:
(A) either:
(I) the name and telephone number of the property owner or the property owner's agent
who is authorized to request a tow truck service; or
(II) the name and telephone number of the tow truck motor carrier that provides tow
truck services for the property; and
(B) the Internet web address "tow.utah.gov".
(9) (a) For private property without signage meeting the requirements of Subsection
(7) or (8), the property owner may request a tow truck motor carrier to remove a vehicle,
vessel, or outboard motor from the private property 24 hours after the property owner or the
property owner's agent affixes a written notice to the vehicle, vessel, or outboard motor in
accordance with this subsection.
(b) The written notice described in Subsection (9)(a) shall:
(i) indicate the exact time when the written notice is affixed to the vehicle, vessel, or
outboard motor;
(ii) warn the owner of the vehicle, vessel, or outboard motor that the vehicle, vessel, or
outboard motor will be towed from the property if it is not removed within 24 hours after the
time indicated in Subsection (9)(b)(i);
(iii) be at least 4 inches tall and 4 inches wide; and
(iv) be affixed to the vehicle, vessel, or outboard motor at a conspicuous location on
the driver's side window of the vehicle, vessel, or outboard motor.
(c) A property owner may authorize a tow truck motor carrier to act as the property
owner's agent for purposes of affixing the written notice described in Subsection (9)(a) to a
vehicle, vessel, or outboard motor.
(10) The department shall publish on the department Internet website the signage
requirements and written notice requirements and illustrated or photographed examples of the
signage and written notice requirements described in Subsections (7) through (9).
(11) It is an affirmative defense to any claim, based on the lack of notice, that arises
from the towing of a vehicle, vessel, or outboard motor from private property that the property
had signage meeting the requirements of:
(a) Subsection (4)(b)(ii); and
(b) Subsection (7) or (8).
[
(3)
] 
(12)
 The party described in Subsection 
41-6a-1406
(5)(a) with an interest in 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)
] 
(16)
;
and
(b) the administrative impound fee set in Section 
41-6a-1406
, if applicable.
[
(4)
] 
(13)
 (a) The fees under Subsection [
(3)
] 
(12)
 are a possessory lien on the vehicle,
vessel, or outboard motor and any nonlife essential items contained in the vehicle, vessel, or
outboard motor that are owned by the owner of the vehicle, vessel, or outboard motor until
paid.
(b) The tow truck operator or tow truck motor carrier shall securely store the vehicle,
vessel, or outboard motor and items described in Subsection [
(4)
] 
(13)
(a) in an approved state
impound yard until a party described in Subsection 
41-6a-1406
(5)(a) with an interest in the
vehicle, vessel, or outboard motor:
(i) pays the fees described in Subsection [
(3)
] 
(12)
; and
(ii) removes the vehicle, vessel, or outboard motor from the state impound yard.
[
(5)
] 
(14)
 (a) A vehicle, vessel, or outboard motor shall be considered abandoned if a
party described in Subsection 
41-6a-1406
(5)(a) with an interest in the vehicle, vessel, or
outboard motor does not, within 30 days after notice has been sent under Subsection (1)(b):
(i) pay the fees described in Subsection [
(3)
] 
(12)
; and
(ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b) A person may not request a transfer of title to an abandoned vehicle, vessel, or
outboard motor until at least 30 days after notice has been sent under Subsection (1)(b).
[
(6)
] 
(15)
 (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)
] 
(16)
.
(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)
] 
(16)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the department shall:
(a) subject to the restriction in Subsection [
(8)
] 
(17)
, 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)
] 
(16)
(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 each party described in Subsection 
41-6a-1406
(5)(a) with an interest in 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)
] 
(17)
 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 a party described in
Subsection 
41-6a-1406
(5)(a), even if the party satisfies the requirements to release the vehicle,
vessel, or outboard motor under Section 
41-6a-1406
.
[
(9)
] 
(18)
 (a) (i) A tow truck motor carrier may charge a rate up to the maximum rate
set by the department in rules made under Subsection [
(7)
] 
(16)
.
(ii) In addition to the maximum rates established under Subsection [
(7)
] 
(16)
 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 of 3% of the transaction total.
(b) A tow truck motor carrier may not be required to maintain insurance coverage at a
higher level than required in rules made pursuant to Subsection [
(7)
] 
(16)
.
[
(10)
] 
(19)
 When a tow truck motor carrier or impound lot is in possession of a vehicle,
vessel, or outboard motor as a result of a tow service that was performed without the consent of
the owner, and that was not ordered by a peace officer or a person acting on behalf of a law
enforcement agency, the tow truck motor carrier or impound yard shall make personnel
available:
(a) by phone 24 hours a day, seven days a week; and
(b) to release the impounded vehicle, vessel, or outboard motor to the owner within
one hour of when the owner calls the tow truck motor carrier or impound yard. 
Section 2. Section 
72-9-604
 is amended to read:
72-9-604.
Preemption of local authorities -- Tow trucks.
(1) (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:
(i) any provision of this part;
(ii) Section 
41-6a-1401
;
(iii) Section 
41-6a-1407
; or
(iv) rules made by the department under this part.
(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:
(i) is holding the vehicle, vessel, or outboard motor as evidence; and
(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
.
(2) 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.
(3) 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.
(4) 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:
(a) no fee is charged for the inspection; and
(b) the inspection complies with federal motor carrier safety regulations.
(5) A tow truck shall be subject to only one annual safety inspection under Subsection
(4)(b). A county or municipality that requires the additional annual safety inspection shall
accept the same inspection performed by another county or municipality.
(6) (a) Beginning on July 1, 2021, a political subdivision or state agency may not
charge an applicant a fee or charge related to dispatch costs in order to be part of the towing
rotation of that political subdivision or state agency.
(b) In addition to the fees set by the department in rules made in accordance with
Subsection 
72-9-603
[
(7)
]
(16)
, a tow truck motor carrier may charge a fee to cover the costs of
a dispatch charge described in Subsection (6)(a).
(c) The amount of the fee described in Subsection (6)(b) may not exceed the amount
charged to the tow truck motor carrier by the political subdivision or state agency for dispatch
services.
(d) A political subdivision or state agency that does not charge a dispatch fee as of
January 1, 2019, may not charge a dispatch fee described in Subsection (6)(a).
(7) 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.
(8) 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.
Section 3. 
Effective date.
This bill takes effect on January 1, 2021.