Or. Admin. Code § 257-050-0140 - Place of Business Requirement and Business Hours
(1) A listed tow business must have a storage
facility and place of business capable of independent operation within each
assigned zone. A Storage facility alone does not meet this
requirement.
(2) Multiple listed
tow businesses may operate on a single piece of real property, provided each
tow business maintains separate business records, storage facilities and
certificates.
(3) A listed tow
busines must be available for inspection by Oregon State Police between
8AM-5PM, excluding weekends and holidays.
(4) A listed tow business must post its
primary contact telephone number in a manner that is clearly visible and
prominent at each authorized place of business and storage facility. The posted
phone number must reach a phone that must be answered 24 hours a day, seven (7)
days a week to include holidays.
(5) A listed tow business must maintain
personnel who release towed vehicles in accordance with ORS 98.858.
(6) A listed tow business must post and
maintain its certification at its authorized place of business.
(7) A listed tow business's place of business
must have an office area accessible to the public where business can be
conducted out of the weather.
(8) A
listed tow business must be available for phone contact at all times. Each tow
driver for a listed tow business must have the ability to maintain constant
communication with the dispatch service where geographic conditions and signal
strength permit.
(9) A listed tow
business must respond to non-preference rotational tow requests from the Oregon
State Police or the Oregon Department of Transportation.
(a) The listed tow business must notify the
Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov or fax
to OSP Patrol Division at 503-391-5910 when the listed tow company is
unavailable for calls for any reason.
(b) The listed tow business shall advise the
Oregon State Police Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol
Division at 503-391-5910 once the listed tow business becomes
available.
(c) If a listed tow
business reports that it is unavailable, or if OSP determines the tow business
is unavailable, the tow business will be moved to the bottom of the rotational
list as if they had responded to the call.
(d) Failure to respond when requested for
towing services by the Oregon State Police when the company has not previously
notified the Oregon State Police that the company is not available may result
in the suspension or revocation of the listed tow business's
certification;
(10) On
road time shall meet the following requirements:
(a) Class A and D-A tow trucks shall be on
the road within fifteen minutes of the time the listed tow business accepts the
tow request from the Department.
(b) Class B, C, D-B and D-C tow trucks shall
be on the road within thirty minutes of the time the tow business accepts the
tow request from the Department.
(11) A tow business shall provide an
estimated response time to the Department at the time the Department requests
towing service. The Department may waive this requirement if the Department
determines that due to inclement weather or unusual circumstances a tow
business is not able to give an estimated response time.
(12) A listed tow business shall tow
non-hazardous abandoned vehicles within 24 hours of receiving a tow request
from the Department. A listed tow business must notify the requesting dispatch
center as soon as possible after a vehicle is removed from the roadway and in
possession of the listed tow business, if a Department member or ODOT is not on
scene.
(13) Other than
non-hazardous tow requests described in (12) above, a listed tow business must
respond immediately to all non-preference rotational tow requests by the
Department unless directed otherwise.
(14) A listed tow business must maintain all
of the following business records relating to non-preference rotational tows.
These records may be in either paper or electronic form and must be maintained
at each authorized place of business for a period of not less than three (3)
years:
(a) The towed vehicle's state issued
license plate number;
(b) The make,
model, color and year of the towed vehicle;
(c) The vehicle identification number (VIN)
of the towed vehicle;
(d) The
location vehicle was towed from;
(e) The location to where the vehicle was
towed;
(f) The full name of tow
truck driver who performed the tow;
(g) The reasons for the tow or related
services provided;
(h) The time and
date the tow or other service, including vehicle storage dates, as were
performed;
(i) The tow truck which
provided the tow services; and
(j)
All Department documents involved in conjunction with the tow and
(k) Complete invoices for all non-preference
tows.
(15) A listed tow
business shall provide, upon request by the tow inspector / OSP, business
records relating to non-preference rotational tows
(16) A listed tow business shall create and
maintain invoice records showing itemized fees charged for each non-preference
rotational tow performed by the business. Paper or electronic copies of these
tow invoice fee records must be made available upon request to the Oregon State
Police Tow Program or the legal owner of the vehicle towed or otherwise
provided services.
(17) A listed
tow business shall make every reasonable effort to minimize damage to the
vehicle being towed during a tow.
(18) A listed tow business shall comply with
ORS 98.858.
(a) A listed tow business shall
allow personnel authorized by the Oregon State Police to access the vehicle and
remove items as provided in ORS 98.858.
(b) This subsection does not apply to
vehicles towed or stored as evidence.
(19) A listed tow business shall notify the
Oregon State Police Command Center or local area command immediately by
telephone when any person seeks to redeem any vehicle which was towed as
hazard, impounded, as evidence, or where a hold has been placed on the vehicle
by the Department.
(a) No vehicle towed as a
hazard, impounded identified as evidence or under a hold shall be released
without written release authorization from the Oregon State Police.
(b) A listed tow business may contact the
local area command to verify the authorization for release. Verification of
release authorization shall not cause an unreasonable delay in releasing the
vehicle.
(c) When a person entitled
to take possession of a vehicle towed under this rule presents the listed tow
business with an official signed Oregon State Police release form, the listed
tow business shall release the vehicle to the person named upon the release
form after receiving payment in full.
(d) A listed tow business may be subject to
suspension or revocation if the business releases a vehicle without first
obtaining a signed Oregon State Police issued release authorization or fails to
release a vehicle after receiving a properly executed Oregon State Police
issued release authorization form.
(20) A listed tow business must maintain a
storage facility that meets all the following requirements:
(a) The storage facility is indoor, outdoor
or both;
(b) The storage facility
is at least 10,000 square feet in size;
(c) The storage facility complies with all
zoning requirements;
(d) The
storage facility is located within the assigned tow zone;
(e) A storage facility may be separate from
the listed tow business's place of business provided both are within the
assigned zone and tow business employees are able to respond from the place of
business to the storage facility within 30 minutes;
(f) The storage facility is under the
exclusive access and control of the listed tow business and authorized
persons;
(g) The storage facility
is not shared with any other business.
(21) The storage facility is fenced around
the outside and the fencing meets the following requirements:
(a) The fencing complies with all zoning
rules and regulations;
(b) The
fencing is made of a woven wire composition normally referred to as "cyclone
fencing-chain link fencing," made of a solid material, such as wood or concrete
block, or is a permanent natural barrier which prevents access and unauthorized
entry to the storage facility;
(c)
The fencing is at least 6 feet in height;
(d) The fencing is topped by at least three
(3) strands of tightly strung barbed or razor wire;
(22) The fences, gates and entryways must
meet the following requirements:
(a) The gates
and entryways are of solid frame construction;
(b) The gates and entryways have the ability
to lock;
(c) The gates and
entryways are at least 6 feet in height; and
(d) The gates and entryways are topped by at
least three (3) strands of tightly strung barbed or razor wire.
(e) Listed tow businesses that are unable to
comply with these fencing requirements because of local zoning requirements
should notify the Oregon State Police Non-Preference Tow Program. The
Department may allow variance from the fencing requirements on a case by case
basis.
(23) A listed tow
business must contact the Oregon State Police if the reason for the tow request
is unclear.
(24) Listed tow
businesses are responsible for the contents, storage and disposal of all
personal items within a towed vehicle or from a towed vehicle.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
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