Towing company regulation.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0204

HOUSE BILL
NO.

HB0116

Towing company regulation.

Sponsored by:
Representative(s) Jaggi and Senator(s) Cooper

A BILL

for

AN ACT relating to towing companies; authorizing the department of transportation to
administer a rotation list for nonconsensual towing and vehicle recovery as specified
;
specifying rotation list minimum requirements;

granting rulemaking authority;
requiring fingerprinting for purposes of criminal background checks as specified;
providing a penalty;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 31
‑
5
‑
1701
is
created to read:

ARTICLE 17
NONCONSENSUAL TOWING SERVICES

31
‑
5
‑
170
1
.

T
owing companies
; rotation list
; requirements; local provisions
.

(a)

The department shall provide by rule and regulation for the safe and efficient removal of vehicles from the state highways when the owner or operator of the vehicle is unable to actively assist in the vehicle's removal.

(b)

Rules adopted by the department pursuant to this section shall include the following minimum features:

(
i
)

A voluntary rotation list for tow truck and recovery carriers to be called by law enforcement officials when vehicle t
owing or recovery is required
;

(ii)

B
asic st
andards for law enforcement officials
and the tow
truck
and recovery carriers to follow when a rotational call is made to clear
a
wrecked
,
disabled
or
abandoned vehicle
from
a
state highway
;

(iii)

Identification of geographical areas for the operation of a rotation list in that area;

(i
v
)

Procedures
for tow truck and recovery carriers

who wish to
be placed on the rotational call list
;

(v)

Minimum equipment standards for
small and large simple
tow truck
s
and
small and large
recovery
tow trucks
to be placed on
separate
rotation list
s;

(v
i
)

Determination
that each company has equipment
required pursuant to paragraph (v) of this subsection
to operate independently within the rotation area for which it is approved;

(v
i
i
)

Inspections of carrie
r
s as necessary to enforce equipment and licensing requirements
for the class of tow truck operated
;

(
viii
)

Provision for reprimand, assessment of a penalty not to exceed
five
hundred dollars ($
50
0.00) or suspension from the rotation list for a period of up to one (1) year, for c
arriers violat
ing
the
rotation list requirements;

(
i
x
)

An
appeals process for carriers who dispute any assessed penalty
or
suspension from the
rotation
list;

(x)

A requirement that every owner, driver and operator of an applicant towing company provide information and fingerprints as necessary to obtain
, at the applicant's expense,

a criminal history record background check as provided under W.S. 7
‑
19
‑
201
. The department may deny the application of any person who has
been convicted of or has pleaded guilty or nolo contendere to a
felony
with the previous ten (10) years
;

(xi)

A requirement that an individual applicant or at least seventy-five percent (75%) of the employees of an applicant company, hold a certification from a nationally recognized certificate program for tow truck operators or have a minimum of one (1) year of experience in the towing business
for small and medium tow trucks and three (3)
years of experience
for large tow trucks
;

(x
i
i
)

A requirement that a tow truck or recovery carrier file a summary rate disclosure document which states typical fees for commonly used towing and recovery procedures, including such items as daytime and nighttime call rates
for each piece of equipment
, hook-up fees, winch fees, labor costs, mileage charges
, fuel surcharges
and
vehicle storage charges.
The rate
disclosure
document shall not include a per pound charge.
No fee shall be charged that is not identified on the carrier's rate
disclosure document on file with the department
;

(x
iii
)

A requirement that a simple tow truck company have a current vehicle storage and disposal facility license pursuant to W.S. 31
‑
13
‑
114.
The facility shall be secured by a fence, under direct management and authority of the towing company
and in the same geographical area identified pursuant to paragraph (iii) of this subsection for which the towing company is authorized. The company shall provide owners with access to vehicles during normal business hours;

(x
iv)

A
uthorization for
an insurance company that accepts coverage and liability for a vehicle involved in a
call
to relocate the vehicle from the tow
company's
custody immediately upon verbal notice and acceptable payment arrangements by the insurance company representative or its contracted vendor. The insurance company requesting the relocation
shall
hold harmless the tow truck or recovery carrier for any liability
following
removal
of the vehicle
from the
company's
custody
;

(xv)

Prohibition of solicitation, running of the roads or wreck chasing
.

(
c
)

The department shall establish a volunteer task force to provide advisory input and information regarding regulation of towing companies. The task force shall include representatives of the towing industry
, the insurance industry, the trucking industry
and the public.

(d)

A local law enforcement agency may adopt and administer a local law enforcement rotation system that is no
t
inconsistent with this section. A local towing company operator desiring to be placed on the local rotation system shall be a qualified towing company as provided in paragraphs
(b)
(iv
)
through (xv)
of
this
section.

(
e
)

For purposes of this section:

(
i
)

"Nonconsensual towing" means
tow truck motor carriers providing
simple
tow
ing

or recovery towing
services for a vehicle that is transported in response to
state, county or local law enforcement

authority
where the
owner of the vehicle has not arranged for the towing services
;

(ii)

"Recovery towing" means the use by a towing service of air bags, winching, hoisting, up-righting, removing, or otherwise relocating a vehicle when the vehicle is found in such a location, state or position in which it could not remove itself from the location, state or position under the use of its own power, even if it were in complete operating condition;

(i
ii
)

"Simple towing" means a routine or standard tow that does not require recovery towing, and includes normal use of a tow sling, wheel lift, or winch cable to winch a vehicle onto a tilt bed tow truck, whether the vehicle is mobile or in contact with the roadway surface;

(
iv
)

"Towing company" means a person that controls, operates or directs over the public roadways one
(1)
or more motor vehicles, including trucks and wreckers, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle, but does not include a political subdivision of the state.

Section 2.

W.S.
7
‑
19
‑
106(
a) by creating a new paragraph (xxvii) and
7
‑
19
‑
201(a) by creating a new paragraph
(xxiii) are amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxvii)

The department of transportation for purposes of towing company rotation lists pursuant to W.S. 31
‑
5
‑
1701.

7
‑
19
‑
201.

State or national criminal history record information.

(a)

The following persons shall be required to submit to fingerprinting in order to obtain state and national criminal history record information:

(xxiii)

Applicants, employees and drivers of towing companies applying for inclusion on a towing company rotation list pursuant to W.S. 31
‑
5
‑
1701.

Section
3
.

This act is effective July 1, 2014.

(END)

1
HB0116