Or. Admin. R. 257-050-0100 - Issuance of Certification
(1)
Only a tow business with a valid non-preference tow certfication from the
Department, as described herein shall be called upon to perform non-preference
towing services at the request of the Department. Non-preference tow
certification shall only be issued by the Department when a completed
application for non-preference tow certification has been submitted to the
Oregon State Police Non-preference Tow Program and the Department determines
that all qualifications set out in these Administrative Rules have been met by
the applicant tow business.
(2) A
non-preference tow certification is valid only for the zone or zones listed in
the certification and assigned by the Oregon State Police Tow Program and only
for the identified tow vehicles will identify specific vehicles auhorized to
operate in each zone.
(3) A tow
business may petition the Oregon State Police for a waiver of a non-safety
related requirement. A petition for waiver must be sent to the Oregon State
Police Non-preference Tow Program at Oregon State Police, 3565 Trelstad Ave Se,
Salem, OR 97317. The Department may grant a waiver if it determines:
(a) that the towing needs in a specific zone
are inadequate;
(b) that the tow
business seeking a waiver has the tow resources which can meet the Department's
needs if a waiver is granted; and
(c) the waiver of equipment will not
negatively impact the safety of any person.
(4) If a tow business meeting all
requirements becomes listed for the same zone as a listed tow business a waiver
granted under subsection (3) of this section, the listed tow business operating
under a waiver, shall be notified that, notwithstanding the waiver, it has 30
days to become fully compliant with these rules or be removed from
non-preference tow certification for the specified zone. If the listed tow
business operating under a waiver fails to become compliant within the time
specified by the Department, it may also have its non-preference tow
certification suspended or revoked by the Department for all zones.
(5) Every certification shall be issued in
the name of a tow business and the holder thereof shall not allow any other
person or tow business to use the certification.
(6) A non-preference tow certification is
valid only for the place of business/ listed tow company named on the
non-preference tow certification application and does not apply to any other
place of business.
(7) A
non-preference tow certification is valid for one (1) year unless suspended or
revoked by the Department.
(8) A
listed tow business must have a separate non-preference tow certification for
each zone in which the tow business conducts non-preference tow
services.
(9) A non-preference tow
certification shall state the zone the listed tow business is authorized to
operate in. The zones will be determined by the Oregon State Police Tow
Program.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
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