N.M. Admin. Code § 18.3.12.23

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.3.12.23 - STORAGE FACILITIES

Towing service includes the storage of motor vehicles. Towing service begins when the motor vehicle is entrusted to the towing service and ends when the towing service delivers the motor vehicle to the owner or the owner's agent. Storage begins when the motor vehicle arrives at the storage facility and ends when the motor vehicle leaves the storage facility.

A.Storage Facility: A towing service that performs nonconsensual tows must maintain at least one of the following classes of storage facility:

(1) Type 1 - a fenced and locked area;

(2) Type 2 - a fenced, lighted, and locked area; or

(3) Type 3 - an enclosed, roofed and locked structure.

B.Office Location: A towing service that performs nonconsensual tows must have its office located either within or in the immediate vicinity of the storage facility. For purposes of this rule, "immediate vicinity" means the area within one mile measured as the straight line distance between the property line of the storage facility and the property line of the property within which the office is located.

C.Staffing and Access:

(1) A towing service that performs trespass tows must have a person working in an office that is within or in the immediate vicinity of the storage facility during normal business hours who is able to provide the services specified in Subsections A and B of 18.3.12.24 NMAC.

(2) A towing service that performs public directive tows must have a person working at, or available to meet with the public at, the storage facility or the office in the immediate vicinity of the storage facility by appointment during normal business hours within two hours from the time of telephone call requesting an appointment, who is able to provide the services specified in Subsections A and B of 18.3.12.24 NMAC.

D.Required Signage:

(1) The office of a towing service shall have prominent signage which may be read by a person in a passing vehicle, providing the name, address and contact telephone number of the towing service. If the office is not located within the storage facility, the office signage shall also include the address of the storage facility.

(2) If the storage facility is not located where the towing service office is located, the storage facility shall have prominent signage which may be read by a person in a passing vehicle, providing the name of the towing service, the address of the storage facility, the address of the towing service office, and the contact telephone number of the towing service.

E.Lists or Logs of Nonconsensually Towed Vehicles:

(1) A towing service that performs nonconsensual tows must maintain the following records in addition to all other records required by rule:

(a) a list or log of each and all vehicles currently held in the storage yard which were towed to the storage yard as the result of a trespass tow; and

(b) a list or log of each and all vehicles currently held in the storage yard which were towed to the storage yard as the result of a public directive tow.

(2) Each list or log required in this rule shall be available to provide to an employee of the transportation division of the department or for transmission to the transportation division of the department upon the request or directive of an employee of the transportation division of the department. Each list or log shall contain, for each vehicle required to be listed:

(a) a description of the vehicle, including the make, model, model year, color and vehicle identification number;

(b) the date that the vehicle was towed to the storage yard;

(c) whether the owner of the vehicle or a representative of the owner has been allowed access to the vehicle, and if so, the name of the person allowed access and the date of each access; and

(d) whether the vehicle has been legally abandoned, surrendered or transferred for charges by the owner, and, if so, the type and date of legal transfer.

N.M. Admin. Code § 18.3.12.23

18.3.12.23 NMAC - Rp, SCC Rule 267.21, 12-30-02; A, 1-1-05, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Adopted by New Mexico Register, Volume XXVIII, Issue 05, March 14, 2017, eff. 3/14/2017, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024