2006 Utah Code - 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 vehicle title restrictions -- Rules for maximum rates and certification.
     (1) Except for 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, 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, 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:
     (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; and
     (v) vehicle, vessel, or outboard motor's description, including its identification number and license number or other identification number issued by a state agency; and
     (b) within two business days of performing the tow truck service, 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 him 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.
     (2) Until the tow truck operator or tow truck motor carrier reports the removal as required under Subsection (1)(a), a tow truck motor carrier or impound yard may not:
     (a) collect any fee associated with the removal; and
     (b) begin charging storage fees.
     (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, 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 tow truck motor carrier or impound yard shall clearly and conspicuously post and disclose all its current fees and rates for tow truck service and storage of a vehicle in accordance with rules established under Subsection (7).
     (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the Department of Transportation shall:
     (a) set maximum rates that:

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     (i) tow truck motor carriers 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 where the owner of the vehicle, vessel, or outboard motor has not consented to the removal; and
     (ii) impound yards 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; and
     (c) specify the form and content of the posting and disclosure of fees and rates charged by a tow truck motor carrier or impound yard.

Amended by Chapter 2, 2005 General Session