Or. Admin. R. 257-050-0020 - Policy and Purpose
It is the policy and purpose of the Oregon State Police that:
(1) To further the Oregon State
Police's interest in the prompt and orderly removal of disabled or abandoned
vehicles from the highways of the State of Oregon, and to meet the towing needs
of the Department, the Department has established a non-preference tow program
as defined in Oregon Administrative Rules (OAR) 257-050-0020 to 257-050-0200.
The program, in part, consists of a non-preference tow rotational list
comprised of listed tow businesses. The non-preference tow rotational list is
computer generated and does not favor any one listed tow business. The
non-preference tow rotational list is not a guarantee of business to the towing
industry by the Department. Listed tow businesses participating in the
non-preference tow rotational list understand that they may be called upon to
conduct vehicle tows at the operational need of the Oregon State Police, as may
be determined by the requesting State Police Officer or Department member. A
listed tow business participating in the non-preference tow program must
understand that participation is a privilge and not a right.
(2) Because the non-preference tow rotational
list is designed to meet the towing needs of the Department, tow businesses do
not need to be on the list to conduct business with the public.
(3) The Department does not require and shall
not establish, recommend, or in anyway dictate the fee charged for a
non-preference tow conducted by a listed tow business under the Department's
non-preference tow program.
(4) A
participating tow company shall not charge a fee for any work that has not been
performed by the tow company or another listed tow company.
(5) A listed tow business shall not represent
to any person or business that a fee has been, or will be, charged by the
Oregon State Police.
(6) Listed tow
businesses conducting business with the Oregon State Police, Oregon Department
of Transportation and the citizens of Oregon, must always act professionally.
All listed tow businesses must cooperate, be courteous, and provide
business-like treatment to all Oregon State Police employees, Oregon Department
of Transportation employees and citizens. Listed tow businesses that, through
their conduct, abuse the non-preference tow system or the integrity, trust or
security of the Oregon State Police shall be removed from the non-preference
tow rotational list through the suspension or revocation processes.
(7) The Oregon Department of Transportation
as a "roadway authority" may adopt these administrative rules as they relate to
the Oregon State Police non-preference Tow list. Only the Oregon Department of
Transportation may use the Oregon State Police non-preference tow list as set
forth in these rules. Any other agency adopting a non-preference tow program
must establish and use their own non-preference tow list which will be operated
and enforced by their agency.
(8) A
listed tow business must adhere to these rules while conducting business with
the Oregon Department of Transportation. The Oregon Department of
transportation may report rule violations in writing to the Oregon State Police
Tow Program. Rule violations in relation to the Oregon Department of
Transportation may result in removal from the listed non-preference tow list as
through the suspension or revocation process described in these
rules.
(9) The Oregon State Police
or the Oregon Department of Transportation may contract directly with the
companies on the non-preference list to assist with roadway clearance in times
of roadway incidents such as natural disaster or weather-related events. In
these instances, a fee may be imposed and charged to the state according to the
contract.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: 181.440
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