Rule 570-38-7-.02 - DefinitionsFor the purposes of this Subchapter, the term:
(1) "Attendant" means any person who is authorized by the impoundment facility to release a vehicle from the facility when presented with proper documentation of ownership and payment of appropriate fees.(2) "Corporate entity" means any corporation, limited liability company, limited partnership, small business corporation or any other entity or organization registered with the Georgia Secretary of State's Corporations Division.(3) "Maximum Rate Tariff" means the publication containing the maximum rates as prescribed by the Department that a wrecker company can assess for the towing and storage of vehicles removed pursuant to the authority granted in the Nonconsensual Towing Permit.(4) "Nonconsensual Towing" shall mean the towing of trespassing vehicles on private property without the prior consent or authorization of the owner or operator of the vehicle being towed.(5) "Nonconsensual Towing Carrier" or "NCT Carrier" means a towing and storage firm operator who or which engages in the towing or other removal of improperly parked vehicles and trespassing personal property (including, but not limited to, trespassing vehicles) from private property.(6) "Nonconsensual Towing Permit" or "NCT Permit" means a permit issued by the Department to a wrecker or towing service operator, authorizing removal of improperly parked vehicles and trespassing personal property from private property.(7) "Normal Business Hours" means operating hours of a nonconsensual towing carrier consisting of a minimum of 8 hours per day on all weekdays and non-holidays beginning no later than 9:00 A.M. on any given day and ending no sooner than 4:00 P.M. on a given day as approved by the Department.(8) "Receipt" means a document issued by the attendant to the owner of the vehicle stating all charges have been paid for the towing and storage of vehicle.(9) "Secure Impoundment Facility" means a facility owned or leased by a towing company for the purposes of providing secure storage of towed vehicles.(10) "Tow" or "towing" means to utilize any automotive vehicle to pull, to load and carry or otherwise to transport another automotive vehicle or automotive vehicle trailer over a public highway or road, except that transportation by an automobile transport vehicle with a capacity of three (3) or more vehicles shall not be included in the definition of tow or towing, no matter how many vehicles such automobile transport vehicle is transporting at any given time.(11) "Towing and storage firm" shall mean an entity engaged in the practice of nonconsensual towing.(12) "Wrecker" means an automotive vehicle with hoisting apparatus and equipment for towing vehicles. The term "wrecker" also includes any vehicle otherwise equipped and used for the purposes of towing vehicles.(13) "Wrecker operator" or "towing service operator" means the person or entity operating or in control of the provision of wrecker or towing services to the public or to property owners and shall include all officers or managers of any such services.Ga. Comp. R. & Regs. R. 570-38-7-.02
O.C.G.A. §§ 40-1-54, 44-1-13.
Original Rule entitled "Definitions" adopted. F. Apr. 21, 2020; eff. May 11, 2020.