Towing Dispatch Amendments

5
53-1-106.2
72-9-604
72-9-607
0
Towing Dispatch Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor:
LONG TITLE
General Description:
This bill changes the requirements for products that tow truck dispatch vendors can provide
to tow truck motor carriers.
Highlighted Provisions:
This bill:
defines terms;
changes the requirements for technology products that tow truck dispatch vendors can
provide to tow truck motor carriers;
changes how tow truck motor carriers can be removed from a dispatch list;
prevents persons with an interest in a tow truck motor carrier removed from a dispatch list
from joining a dispatch list with a new tow truck motor carrier; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-1-106.2
, as repealed and reenacted by Laws of Utah 2023, Chapter 219
72-9-604
, as last amended by Laws of Utah 2025, Chapter 378
72-9-607
, as enacted by Laws of Utah 2019, Chapter 373
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-1-106.2
is amended to read:
53-1-106.2
. Towing dispatch program.
(1)
As used in this section, "towing dispatch vendor" means a vendor that provides a
product or technology capable of increasing efficiency, effectiveness, and transparency
in the dispatching of towing providers and management of towing rotations.
(2)
An interlocal agency established
pursuant to
under
Title 11, Chapter 13, Interlocal
Cooperation Act
, a special service district established
pursuant to
under
Title 17D,
Chapter 1, Special Service District Act
, a political subdivision, or a state agency may
enter into a contract with a
vendor that provides a product or technology capable of
increasing efficiency, effectiveness, and transparency in the dispatching of towing
providers and management of towing rotations.
towing dispatch vendor.
(2)
(3)
The
A
product or technology
described in Subsection
(1)
provided by a towing
dispatch vendor
shall comply with the following requirements and capabilities:
(a)
decreasing delays associated with requesting and dispatching a tow truck motor
carrier from an established tow rotation;
(b)
increasing information, transparency, and data collection associated with tow
rotation operations
, including dispatching, response time, completion, clearance, and
storage
; and
(c)
increasing responder and traffic safety by reducing secondary crashes, responder
time on scene, and the impacts of traffic accidents on traffic flow and safety.
(4)
A
product or technology provided by a towing dispatch vendor may not require:
(a)
a tow truck operator to manipulate a wireless communication device in a manner that
violates Section
41-6a-1716
; or
(b)
a tow truck operator or tow truck motor carrier to provide or enter information into a
database other than a database described in Section
41-6a-1406
.
(3)
(5)
A vendor selected to provide towing dispatch management services as described in
this section may not also provide towing, storage, impounding, or other services related
to the operation of a towing provider.
Section 2. Section
72-9-604
is amended to read:
72-9-604
. Preemption of local authorities -- Tow trucks.
(1)
As used in this section:
(a)
"Abandoned" means a vehicle, vessel, or outboard motor for which a party described
in Subsection
41-6a-1406
(6)(a) with an interest in the vehicle, vessel, or outboard
motor does not, within 30 days after
the day on which
notice
is issued
that the
vehicle, vessel, or outboard motor was towed by a towing entity:
(i)
pay the relevant fees; and
(ii)
remove the vehicle, vessel, or outboard motor from the secure storage facility.
(b)
"Towing dispatch vendor" means the same as that term is defined in Section
53-1-106.2
.
(b)
(c)
"Towing entity" means:
(i)
a political subdivision of this state;
(ii)
a state agency;
(iii)
an interlocal agency created under Title 11, Chapter 13, Interlocal Cooperation
Act; or
(iv)
a special service district created under Title 17D, Chapter 1, Special Service
District Act.
(2)
(a)
Notwithstanding any other provision of law, a political subdivision of this state
may
neither
not
enact
nor
or
enforce any ordinance, regulation, or rule pertaining
to a tow truck motor carrier, tow truck operator, or tow truck that:
(i)
conflicts with:
(A)
any provision of this part;
(B)
Section
41-6a-1401
;
(C)
Section
41-6a-1407
; or
(D)
rules made by the department under this part; or
(ii)
imposes a maximum rate that deviates from the maximum rates set in rules made
by the department pursuant to Subsection
72-9-603(16)
.
(b)
A county or municipal legislative governing body may not charge a fee for the
storage of an impounded vehicle, vessel, or outboard motor if the county or
municipality:
(i)
is holding the vehicle, vessel, or outboard motor as evidence; and
(ii)
will not release the vehicle, vessel, or outboard motor to the registered owner, lien
holder, or the owner's agent even if the registered owner, lien holder, or the
owner's agent satisfies the requirements to release the vehicle, vessel, or outboard
motor under Section
41-6a-1406
.
(3)
A tow truck motor carrier that has a county or municipal business license for a place of
business located within that county or municipality may not be required to obtain
another business license in order to perform a tow truck service in another county or
municipality if there is not a business location in the other county or municipality.
(4)
A county or municipal legislative or governing body may not require a tow truck motor
carrier, tow truck, or tow truck operator that has been issued a current, authorized
towing certificate by the department, as described in Section
72-9-602
, to obtain an
additional towing certificate.
(5)
A county or municipal legislative body may require an annual tow truck safety
inspection in addition to the inspections required under Sections
53-8-205
and
72-9-602

if:
(a)
no fee is charged for the inspection; and
(b)
the inspection complies with federal motor carrier safety regulations.
(6)
(a)
A tow truck shall be subject to only one annual safety inspection under Subsection
(5)(b)
.
(b)
A county or municipality that requires
the
an
additional annual safety inspection
shall accept the same inspection performed by another county or municipality.
(7)
(a)
(i)
If a towing entity uses a towing dispatch vendor described in Section
53-1-106.2
, the towing entity may charge a fee to cover costs associated with the
use of a dispatch vendor as described in Section
53-1-106.2
.
(ii)
Except as provided in Subsection (8), a fee described in Subsection (7)(a)(i) may
not exceed the actual costs of the dispatch vendor contracted to provide the
dispatch service.
(b)
(i)
Except as provided in Subsection (7)(b)(ii), if a towing entity does not use a
towing dispatch vendor described in Section
53-1-106.2
, the towing entity may
not charge a fee to cover costs associated with providing towing dispatch and
rotation service.
(ii)
A special service district created under Title 17D, Chapter 1, Special Service
District Act, that charges a dispatch fee on or before January 1, 2023, may
continue to charge a fee related to dispatch costs.
(iii)
Except as provided in Subsection (8), a fee described in Subsection (7)(b)(ii)
may not exceed an amount reasonably reflective to the actual costs of providing
the towing dispatch and rotation service.
(c)
A towing entity may not charge a fee described in Subsection (7)(a)(i) or (7)(b)(ii)
unless the relevant governing body of the towing entity has approved the fee amount.
(d)
In addition to fees set by the department in rules made in accordance with
Subsection
72-9-603
(16), a tow truck operator or a tow truck motor carrier may pass
through a fee described in this Subsection (7) to owners, lien holders, or insurance
providers of towed vehicles, vessels, or outboard motors.
(8)
(a)
In addition to the fees described in Subsection (7), a tow truck operator or tow
truck motor carrier may charge an additional fee to absorb unrecovered costs of
abandoned vehicles related to the fees described in Subsections (7)(a)(i) and (7)(b)(ii).
(b)
Beginning May 3, 2023, and ending on June 30, 2025, a tow truck operator or tow
truck motor carrier may charge a fee described in Subsection (8)(a) in an amount not
to exceed an amount greater than 25% of the relevant fee described in Subsection
(7)(a)(i) or (7)(b)(ii).
(c)
(i)
Beginning January 1, 2025, and annually thereafter, the towing entity shall,
based on data provided by the State Tax Commission, determine the percentage of
vehicles, vessels, or outboard motors that were abandoned during the previous
year by:
(A)
determining the total number of vehicles, vessels, or outboard motors that
were towed as part of a towing entity's towing rotation during the previous
calendar year that were also abandoned; and
(B)
dividing the number described in Subsection (8)(c)(i)(A) by the total number
of vehicles, vessels, or outboard motors that were towed as part of the towing
entity's towing rotation during the previous calendar year.
(ii)
No later than March 31, 2025, and each year thereafter, the towing entity shall
publish:
(A)
the relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii); and
(B)
the percentage described in Subsection (8)(c)(i).
(iii)
Beginning on July 1, 2025, and each year thereafter, a tow truck operator or a
tow truck motor carrier may charge a fee authorized in Subsection (8)(a) in an
amount equal to the percentage described in Subsection (8)(c)(i) multiplied by the
relevant fee amount described in Subsection (7)(a)(i) or (7)(b)(ii).
(d)
A tow truck operator or tow truck motor carrier shall list on a separate line on the
towing invoice any fee described in this Subsection (8).
(7)
A towing entity or a towing dispatch vendor may not charge a fee to a tow truck motor
carrier for the dispatch of a tow truck motor carrier.
(9)
(8)
A towing entity may not require a tow truck operator who has received an
authorized towing certificate from the department to submit additional criminal
background check information for inclusion of the tow truck motor carrier on a rotation.
(10)
(9)
If a tow truck motor carrier is dispatched as part of a towing rotation, the tow
truck operator that responds may not respond to the location in a tow truck that is owned
by a tow truck motor carrier that is different than the tow truck motor carrier that was
dispatched.
(11)
(10)
If a towing entity receives a notice from the department as described in
Subsection
72-9-602(6)
, the towing entity shall remove the tow truck motor carrier from
the towing entity's towing rotation, contract, or request for proposal as provided in the
notice from the department.
(11)
A towing entity may not contract with a towing dispatch vendor that requires a tow
truck motor carrier or tow truck operator to manipulate a wireless communication device
in violation of Section
41-6a-1716
.
(12)
A towing entity or towing dispatch vendor may not require a tow truck motor carrier or
tow truck operator to provide or enter information into a database other than a database
described in Section
41-6a-1406
.
Section 3. Section
72-9-607
is amended to read:
72-9-607
. Required process before removal from towing rotation.
(1)
As used in this section, "common ownership" means any percentage of ownership of a
tow truck motor carrier by a person that also holds any percentage of ownership in
another tow truck motor carrier.
(2)
(a)
A political subdivision or state agency that establishes a towing rotation shall
notify the department when suspending or removing a tow truck motor carrier from a
towing rotation.
(b)
Upon receiving notice as described in Subsection
(2)(a)
, the department shall review
the reason the tow truck motor carrier was removed or suspended from a towing
rotation.
(c)
After reviewing a removal from a towing rotation as described in Subsection
(2)(b)
,
the department shall determine if removing the tow truck motor carrier from all other
towing rotations or contracts within the state is appropriate.
(d)
After making a determination as described in Subsection
(2)(c)
, if appropriate, the
department shall remove the tow truck motor carrier from all other towing rotations
or contracts within the state.
(e)
If the department removes or suspends a tow truck motor carrier that shares common
ownership with a tow truck motor carrier that has been removed or suspended from a
towing rotation or contract, the department shall remove all tow truck motor carriers
sharing common ownership with the removed or suspended tow truck motor carrier
from all towing rotations or contracts within the state.
(3)
Each political subdivision or state agency that establishes a towing rotation to facilitate
tows initiated by the political subdivision or state agency shall establish a policy for an
appeals process to hear and decide appeals from a decision to suspend or remove a tow
truck motor carrier or tow truck operator from a towing rotation.
(2)
(4)
In conducting an appeal as described in Subsection
(1)
:
(3):
(a)
the appeal process may be conducted by a single appeal officer or a panel; and
(b)
an individual hearing an appeal, whether as a single appeal officer or as part of a
panel, may not be the same individual who made the decision to suspend or remove
the tow truck motor carrier or tow truck operator from the towing rotation.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-29-26 2:22 PM