Utah Admin. Code R909-19-3 - Definitions
(1) "Consent tow" means any tow truck service
done at the vehicle, vessel, or outboard motor owner's or its legal operator's
knowledge or approval.
(2)
"Department" means the Utah Department of Transportation.
(3) "Division" means the Motor Carrier
Division.
(4) "Emergency moves"
means a tow operation initiated by law enforcement to move a wrecked or
disabled motor vehicle.
(5) "Drop
Fee" means a fee a vehicle owner, authorized, operator, or authorized agent of
a vehicle owner pays to a tow truck motor carrier to relinquish a vehicle.
(a) of which a tow truck motor carrier has
taken possession to perform a non-consent tow; and
(b) the vehicle owner, authorized operator,
or authorized agent of a vehicle owner is attempting to retrieve after the tow
truck motor carrier is in possession of the vehicle but before the vehicle is
removed from the property or scene.
(6) "Gross combination weight rating (GCWR)"
means the value specified by the manufacturer as the loaded weight of a
combination articulated motor vehicle. In the absence of a value specified by
the manufacturer, GVCR will be determined by adding the GVWR of the power unit
and the total weight of the towed unit, and any load thereon.
(7) "Gross vehicle weight rating (GVWR)"
means the value specified by the manufacturer as the loaded weight of a single
motor vehicle.
(8) "Life-essential
personal property" includes those items essential to sustain life or health,
including prescription medication, medical equipment, essential clothing, such
as shoes, coat, food and water, child safety seats, and government-issued photo
identification.
(9) "Non-consent
police generated tow" means tow truck service that was ordered by a peace
officer, or a person acting on behalf of a law enforcement agency, or highway
authority, as defined in Section
72-1-102.
(10) "Non-consent non-police generated tow"
means towing services performed without the prior consent or knowledge of the
owner of the vehicle or the person authorized by the owner to operate the
vehicle from private property. The tow truck service must be from private
property, at the request of the property landowner or agent for the
landowner.
(11) "Normal office
hours" means hours of operation where the office or yard shall be staffed and
open for public business during normal business hours Monday through Friday,
except for designated state and federal holidays.
(12) "Recovery operation" means a towing
service that may require charges in addition to the normal one-truck
one-operator towing service requirements. The additional charges may include
charges for manpower, extra equipment, and supplies necessary for the recovery
operation.
(13) "State impound
yard" means a yard for the storage of a vehicle, vessel, or outboard motor that
meets the requirements of rules made by the commission under Subsection
41-1a-1101(5).
(14) "Tow truck" means a commercial vehicle
constructed, designed, altered, or equipped primarily to tow or remove damaged,
disabled, abandoned, seized, repossessed, or impounded vehicles from a highway
or other place using a crane, hoist, tow bar, tow line, dolly tilt bed, or
other similar means of vehicle transfer without its own power or
control.
(15) "Tow truck
certification program" means a program to authorize and approve tow truck motor
carriers, operators, and vehicles is the process by which the Department,
acting under Section
72-9-602, shall verify compliance
with the State and Federal Motor Carriers Safety Regulations.
(16) "Tow truck motor carrier" means a motor
carrier as defined in Section
72-9-102.
(17) "Tow truck operator" means an individual
who performs operations related to a tow truck service as an employee or as an
independent contractor on behalf of a tow truck motor carrier.
(18) "Tow truck service" means the functions
and ancillary operations associated with recovering, removing, and towing a
vehicle and its load from a highway or other place using a tow truck.
(a) Tow truck service, with regards to
authorized towing fees, is determined by the type and size of the towed
vehicle, not the type and size of the tow truck performing the
service.
(b) Towed vehicle
classifications will be used when determining authorized fees. Information
regarding the GVWR to determine the classification category of towed vehicles
can be found on the identification plate on the vehicle driver-side doorframe.
Towed vehicle classifications are as follows:
(i) "Light duty" means any towed vehicle with
a GVWR 10,000 pounds or less;
(ii)
"Medium duty" means any towed vehicle with a GVWR between 10,001 to 26,000
pounds;
(iii) "Heavy duty" means
any towed vehicle with a GVWR or GCWR 26,001 pounds and greater.
(19) "Tow truck motor
carrier steering committee" means a committee established by the Motor Carrier
Division and will include enforcement personnel, industry representatives, and
other persons as deemed necessary.
Notes
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No prior version found.