Or. Admin. R. 257-050-0150 - Towing
(1) The Department
shall not establish, recommend or in any way dictate the cost of a
non-preference tow conducted by a listed tow business.
(2) A listed tow business that conducts a
non-preference tow under these administrative rules shall not represent to any
person or business that a fee has been or will be charged by the Oregon State
Police.
(3) All listed tow
businesses shall annually provide to the Oregon State Police Tow Program a
current itemized fee schedule which lists all fees the tow business charges for
non-preference tow related services.
(4) A listed tow business may only charge and
collect the fees listed on the fee schedule provided to the Oregon State Police
Tow Program for work related to a non-preference tow. The amounts charged for
each service or other item must match the provided fee schedule provided to the
Oregon State Police Tow Program. This does not include sublet services
performed by another listed tow company, rental equipment required for special
circumstances, mechanical work, bodywork or other repair work conducted after
the tow.
(5) Complaints relating to
fees charged against a listed tow business may be referred to the Oregon
Department of Justice Consumer Protection Hotline. Complaints may also be
forwarded to the Oregon Tow Board.
(6) Listed Tow businesses shall not transport
passengers in any towed or carried vehicle (refer to OAR 257-050-0150 (6)).
(7) Vehicles towed under the
non-preference rotational tow program must be stored at a listed tow company's
approved storage facility and within the tow zone in which the tow
occurred.
(8) If a listed tow
company is operating in the tow zone via a tow waiver, the vehicle shall be
towed to the listed tow company's closest approved storage facility within the
county.
(9) A listed business must
use only tow equipment approved by the Department in the tow zone for which it
applied.
(10) In the event a listed
tow business has a closer listed tow truck of the appropriate class in an
adjacent zone, the listed tow business may use the closer listed truck so long
as the response time to the scene is not increased.
(11) If a tow business does not have the
necessary equipment to conduct a required class of tow, the business shall be
removed from the non-preference tow list for that class of tow and shall not
contract with another company.
(12)
If a listed tow business uses unapproved drivers the business may be suspended
or removed from the list.
(13) If
the tow business has the appropriate equipment for a particular class of tow,
and has been approved for the particular zone, it is acceptable for a tow
business to contract with another tow business for additional assistance, or
use rental equipment, so long as the listed tow business is on scene during the
recovery and has the appropriate equipment.
(14) A contracted tow business as described
in (12) must also be on the Oregon State Police non-preference tow list and may
only use tow equipment and drivers listed by the Department.
(15) Only tow equipment listed by the
Department may be used.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
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