61-8-906. Liability insurance — storage requirements. (1) Notwithstanding the provisions of 61-6-301, a commercial tow truck operator shall continuously provide:

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Terms Used In Montana Code 61-8-906

  • Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
  • operator: means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
  • Property: means real and personal property. See Montana Code 1-1-205
  • Qualified tow truck operator: means a commercial tow truck operator:

    (i)that has equipment that:

    (A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and

    (B)has been classified in accordance with 61-8-905;

    (ii)that participates in the law enforcement rotation system provided for in 61-8-908;

    (iii)that meets the requirements of subsection (6)(b); and

    (iv)that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903

(a)insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow truck, as defined in 61-9-416, or occurring on the business premises of a commercial tow truck operator in an amount not less than:

(i)$300,000 for class A tow trucks;

(ii)$500,000 for class B tow trucks; and

(iii)$750,000 for class C tow trucks;

(b)insurance in an amount not less than $20,000 to cover the damage to cargo or other property entrusted to the care of the commercial tow truck operator; and

(c)garage keepers legal liability insurance or on-hook liability insurance in an amount not less than $50,000.

(2)A commercial tow truck operator shall provide proof of the insurance required in subsection (1) to the department.

(3)A qualified tow truck operator shall provide a storage facility, either a fenced lot or a building, that is:

(a)adequate for the secure storage and safekeeping of stored vehicles;

(b)located in a place that is reasonably convenient for public access;

(c)available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays;

(d)large enough to store all the vehicles towed for law enforcement agencies; and

(e)if a fenced lot, constructed of chain link at least 6 feet high or constructed of materials and in a manner sufficient to deter trespassing or vandalism.