Or. Admin. R. 257-050-0070 - Application Requirements
(1)
Application for certification must be made on forms furnished by the Oregon
State Police and must be accompanied by an inspection report. The information
provided in the application must provide sufficient information for the
Department to make all of the following determinations:
(a) The applicant tow business has an
established place of business within the tow zone at the address shown on the
application.
(b) The applicant tow
business' place of business complies with these Administrative Rules and all
other provisions of state, local, and federal law.
(c) The applicant's storage facility complies
with these Administrative Rules and local, state and federal laws.
(d) The applicant tow business is properly
registered with the Oregon Secretary of State.
(e) The address the tow business lists on its
application shall be the place of business where the tow business maintains
business records.
(f) The
application shall list all locations of vehicle storage facilities and places
for redemption of vehicles.
(g)
Each applicant tow business owner and authorized manager has a minimum of 3
years prior towing experience as of submitting the application
packet;
(2) The applicant
tow business owners, principles and authorized drivers meet the following
training requirements:
(a) Each applicant tow
business owner and authorized driver will attend Traffic Incident Management
training approved by the Oregon State Police Tow Program within one (1) year of
their hire date;
(b) Each applicant
tow business owner will provide written proof as required by A and B above to
the Oregon State Police Tow Program.
(c) Each applicant tow business owner,
principle and authorized driver has completed a state or federally recognized
training for the class of tow truck they will be operating;
(d) Each applicant owner, principle and
authorized driver has submitted proof of training completion with the
application for certification. If a tow company has already been listed by the
Department, each applicant owner, principle and authorized driver must submit
written proof that the training required in has been completed within two years
of the date this requirement goes into effect.
(e) All authorized drivers must complete a
state or federally recognized tow training that is approved by the Oregon State
Police, within one year of their date of hire. This training must be in-person
training that requires classroom and practical hands-on training and testing
for certification. Authorized drivers who have already been listed by the
department to participate in the rotational tow program must submit written
proof of certification that the training has been completed within two years of
the date this requirement goes into effect.
(f) All employees of an applicant tow
business or listed tow business who operate tow truck(s) have a current valid
operator's license for the class of vehicles they operate for the tow
business.
(g) The applicant tow
business owner or designated employee shall possess a current and valid
appraiser's license issued by the Oregon Department of Motor Vehicles pursuant
to ORS 819.480.
(h) Written proof of the appraiser's license
has been submitted to the Oregon State police Tow Program.
(i) Written proof of workers compensation
insurance for each tow driver has been submitted to the Oregon State Police Tow
Program.
(3) The
applicant tow business has submitted to the Oregon State Police Tow Program
proof of the following current, minimum insurance coverage:
(a) General Liability insurance coverage of
not less than $1,000,000, with bodily injury per occurrence of not less than
$2,000,000 aggregate, or the minimum required by the Federal Motor Carrier
Regulations, or the ODOT, whichever is greater, for liability, bodily injury
and property damage per occurrence;
(b) Garage keeper's legal liability
insurance, for care, custody, and control of towed vehicles, per occurrence
with no exclusions for on-hook coverage in the amounts of at least the
following for each class:
(i) Class A --
$100,000;
(ii) Class B --
$200,000;
(iii) Class C --
$250,000;
(iv) Class D-A or Other
Equipment under this classification -- $100,000;
(v) Class D-B or Other Equipment under this
classification -- $150,000;
(vi)
Class D-C or Other Equipment under this classification -- $250,000.
(c) Insurance to protect against
vehicle damage including, but not limited to fire and theft, from the time a
vehicle comes into custody, and control of the tow business, throughout the
recovery, and until that vehicle is reclaimed or sold.
(d) Insurance for cargo transported in the
amount of at least:
(i) Class A --
$100,000;
(ii) Class B --
$150,000;
(iii) Class C --
$250,000;
(iv) Class D-A -- or
Other Equipment under this classification -- $100,000;
(v) Class D-B -- or Other Equipment under
this classification -- $150,000;
(vi) Class D-C -- or Other Equipment under
this classification -- $250,000.
(4) Nothing in this section relieves an
applicant tow business or listed tow business from maintaining insurance in
amounts and coverage type required for motor carriers in ORS Chapter 825 if
those amounts exceed, or coverage differs from, that required by this
section.
(5) A certificate of
insurance (including worker's compensation insurance) from each insurance
carrier has been provided by the insurance carrier to the Department that
includes the type and amounts of coverage and provides for notification to the
Department if a policy is cancelled.
(6) The applicant tow business has a
dedicated recovery vehicle assigned to the tow zone applied for and which is
capable of handling the classifications of tows requested in the application.
(a) An applicant tow business may list a
class B recovery vehicle to cover both class A and class B tows.
(b) All applicant tow business vehicles
listed in the application comply with these Administrative Rules for the tow
classification applied for.
(7) Legal name, date of birth and driver's
license of all drivers authorized by the applicant tow business to drive in the
listed tow zones have been provided to the Oregon State Police Non-Preference
Tow Program.
(8) The Department
will provide a written notice to the applicant of the Department's decision
within 60 days of the receipt of an application for certification.
(9) The Oregon State Police Non-Preference
Tow program must be notified in writing within ten (10) days from the time an
authorized agent or representative of a listed tow business changes.
(10) All tow trucks used by listed tow
businesses must display the following on both sides of the truck, in a manner
that is highly visible to the public and in lettering that is a minimum of 2
inches in height with 1/2 inch stroke:
(a) The
tow business's name
(b) The Name of
the city where the place of business is located.
(c) The tow businesses telephone number for a
line that is answered 24 hours a day, seven days a week.
(d) The Department of Transportation (ODOT)
number must also be displayed if required by United States Department of
Transportation.
(11) Any
applicant tow business, applying for certification or renewal of certification,
which fails to demonstrate that it meets all requirements as set forth in these
rules or which is in violation of any part of these Administrative Tow Rules
may be denied certification. An applicant tow business which is denied
certification shall be notified of the denial in writing. If the Department
determines that a listed tow business is in violation of these Administrative
Rules, other sanctions may include revocation of certification or criminal
investigation and referral for prosecution.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
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