Or. Admin. Code § 257-050-0125 - Re-inspection and Recertification
(1) Re-inspections must be conducted at least
once a year by an Oregon State Police inspector. Unscheduled inspections of a
listed tow business may be conducted without notice by an Oregon State Police
inspector to determine compliance with these rules. All inspections shall be
done during business hours. If Oregon State Police Inspectors are not available
to conduct the inspection, the Oregon State Police Tow Program may authorize a
listed tow business to conduct a self-inspection that will be included with the
application.
(2) If an inspection
reveals that tow truck equipment, unrelated to safety related requirements, is
missing from a tow truck or is defective, the Oregon State Police shall
immediately advise the listed tow business in writing that a tow truck is in
violation of these Oregon Administrative rules. Such notice shall identify the
specific tow truck, the specific rule being violated and include a copy of the
inspection report.
(a) If the listed tow
business fails to remedy the missing or defective non-safety related equipment
within 15 days of the date of notice, the tow truck with the missing or
defective equipment shall be removed from the list of tow vehicles authorized
by the non-preference tow certification issued to the listed tow
business.
(b) If an inspection
reveals that a listed tow business's facilities, records or other non-safety
related items violates these rules, the Oregon State Police shall advise the
listed tow business in writing of the violation. Such notice shall identify the
specific violation(s) and include a copy of the inspection report. If the
listed tow business fails to remedy the violation within 15 days of the date
listed on the notice, the listed tow business's certification shall be
revoked.
(c) A listed tow business
may avoid revocation of non-preference tow certification under this section by
voluntarily removing the violating tow vehicle or facility from the list of
authorized tow vehicles or facilities. Notice advising the Oregon State Police
that the listed tow business has voluntarily removed a violating tow vehicle or
facility from service must be in writing and sent to the Oregon State Police
Tow Program at 3565 Trelstad Avenue SE, Salem Oregon 97317. Notification of
voluntary removal must be received by the Oregon State Police Tow Program no
later than 15 days after the date on the notice the Department issued to the
listed tow business. If a listed tow business remedies the violations regarding
the tow vehicle or facility after voluntary removal, the listed tow business
may request re-inspection by the Oregon State Police. The Oregon State Police
may re-authorize inclusion of a tow vehicle or facility if a listed tow
business passes a re-inspection as described in this section.
(3) A safety related violation
related to a tow truck or facility shall be cause to immediately suspend such
tow vehicles or facilities from the list of authorized non-preference tow
vehicle or facilities.
(a) If the violation is
remedied and passes re-inspection within 30 days of removal from the list, the
tow truck or facility shall be reinstated on the non-preference tow list. If
the violation is not remedied or the tow vehicle or facility fail re-inspected
within 30 days, non-preference tow certification for that tow vehicle and that
facility shall be revoked.
(b) A
listed tow business may avoid immediate suspension under this section by
voluntarily removing the involved vehicle or facility from the list of
authorized tow vehicles or facilities. A listed tow business must immediately
provide an electronic submission of written documentation of voluntary removal
under this section to the Oregon State Police Non-Preference Tow Program at
OSPTOW@osp.oregon.gov.
(4) A listed tow business which has
voluntarily removed an out of compliance tow truck or facility from service,
may request re-inspection by an Oregon State Police inspector. Request for
re-inspection must be in writing and sent to the Oregon State Police
Non-Preference Tow Program at Oregon State Police, 3565 Trelstad Ave SE, Salem,
OR 97317 or email to OSPTOW@osp.oregon.gov. Within a reasonable time following
written request from the tow business for re-inspection, the Department shall
re-inspect the equipment/facility. If the violation has been remedied and
complies with these administrative rules, the listed tow business, vehicle or
facility shall be re-listed. The Department may waive re-inspection if the
Department determines that the tow business provided sufficient evidence that
the violation has been remedied. If the Department determines the violations
have been remedied, the vehicle or facility shall be relisted within 14 days of
the Department's determination.
(5)
Upon revocation, suspension, expiration or voluntary relinquishment of a
certification, a listed tow business's privilege to conduct non-preference
towing services at the request of the Department is terminated.
(6) A listed tow business must notify the
Oregon State Police Non-Preference Tow Program within 10 days of selling or
transferring an authorized tow.
Notes
Statutory/Other Authority: ORS 181.440
Statutes/Other Implemented: ORS 181.440
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