Utah Code 72-9-602. Towing inspections, investigations, and certification — Equipment requirements — Consumer information
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(1)
Terms Used In Utah Code 72-9-602
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Motor carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property by a commercial vehicle on a highway within this state and includes a tow truck business. See Utah Code 72-9-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tow truck: means a motor vehicle constructed, designed, altered, or equipped primarily for the purpose of towing or removing damaged, disabled, abandoned, seized, or impounded vehicles from a highway or other place by means of a crane, hoist, tow bar, tow line, dolly, tilt bed, or other means. See Utah Code 72-9-102
- Tow truck motor carrier: means a motor carrier that is engaged in or transacting business for tow truck services. See Utah Code 72-9-102
- Tow truck operator: means an individual that performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier. See Utah Code 72-9-102
(1)(a) The department shall inspect, investigate, and certify tow truck motor carriers, tow trucks, and tow truck operators to ensure compliance with this chapter and compliance with Sections 41-6a-1406 and 41-6a-1407.
(1)(b) The inspection, investigation, and certification shall be conducted prior to any tow truck operation and at least every two years thereafter.
(1)(c)
(1)(c)(i) The department shall issue an authorized towing certificate for each tow truck motor carrier, tow truck, and tow truck operator that complies with this part and rules made by the department in accordance with Subsection (6).
(1)(c)(ii) The authorized towing certificate described in this section shall expire two years from the month of issuance.
(1)(d) The department may charge a biennial fee established under Section 63J-1-504 to cover the cost of the inspection, investigation, and certification required under this part.
(2)
(2)(a) To qualify for an authorized towing certificate described in Subsection (1), a tow truck operator shall:
(2)(a)(i) submit to a fingerprint-based criminal background check, as described in Subsection (3); and
(2)(a)(ii) obtain and maintain a valid medical examiner’s certificate under 49 C.F.R. § 391.45.
(2)(b) For each tow truck operator employed, a tow truck motor carrier shall:
(2)(b)(i) maintain records of the updated background checks and a valid medical examiner’s certificate, as required under this section; and
(2)(b)(ii) biennially, make the records described in Subsection (2)(b)(i) available to the department.
(3)
(3)(a) Before a tow truck motor carrier may hire an individual as a tow truck operator and receive an authorized towing certificate from the department as required in Subsection (2), the tow truck motor carrier shall require the individual to submit to the Department of Public Safety:
(3)(a)(i) a fingerprint card in a form acceptable to the Department of Public Safety; and
(3)(a)(ii) consent to a state and regional fingerprint background check by the Bureau of Criminal Identification.
(3)(b) The Bureau of Criminal Identification shall:
(3)(b)(i) check the fingerprints submitted under this section against the applicable state and regional criminal records databases;
(3)(b)(ii) report the results of the background check to the requesting tow truck motor carrier;
(3)(b)(iii) maintain a separate file of fingerprints submitted under this part for search by future submissions to the local and regional criminal records databases, including latent prints; and
(3)(b)(iv) establish a privacy risk mitigation strategy to ensure that the entity only receives notifications for the individuals with whom the entity maintains an authorizing relationship.
(3)(c)
(3)(c)(i) Except for an individual hired as a tow truck operator before July 1, 2017, the department shall deny an individual’s authorized towing certification, and the individual may not operate a tow truck in this state, if the individual has been convicted of any felony offense within the previous two years.
(3)(c)(ii) The department may deny or revoke the authorized towing certification of a tow truck motor carrier that employs an individual who fails to comply with the background check required in this section.
(4) The department shall make available to the public electronically accessible consumer protection information, including a list of all tow truck motor carriers that are currently certified by the department.
(5) The department may deny a tow truck motor carrier’s certification if the department has evidence that a tow truck motor carrier’s tow truck operator fails to provide copies of the Utah Consumer Bill of Rights Regarding Towing to vehicle owners, as required under Section 72-9-603.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the inspection, investigation, and certification procedures described in this section.