Or. Admin. R. 257-050-0020

Current through Register Vol. 63, No. 9, September 1, 2024

Section 257-050-0020 - Policy and Purpose

It is the policy and purpose of the Oregon State Police that:

(1) To further the Oregon State Police's interest in the prompt and orderly removal of disabled or abandoned vehicles from the highways of the State of Oregon, and to meet the towing needs of the Department, the Department has established a non-preference tow program as defined in Oregon Administrative Rules (OAR) 257-050-0020 to 257-050-0200. The program, in part, consists of a non-preference tow rotational list comprised of listed tow businesses. The non-preference tow rotational list is computer generated and does not favor any one listed tow business. The non-preference tow rotational list is not a guarantee of business to the towing industry by the Department. Listed tow businesses participating in the non-preference tow rotational list understand that they may be called upon to conduct vehicle tows at the operational need of the Oregon State Police, as may be determined by the requesting State Police Officer or Department member. A listed tow business participating in the non-preference tow program must understand that participation is a privilge and not a right.

(2) Because the non-preference tow rotational list is designed to meet the towing needs of the Department, tow businesses do not need to be on the list to conduct business with the public.

(3) The Department does not require and shall not establish, recommend, or in anyway dictate the fee charged for a non-preference tow conducted by a listed tow business under the Department's non-preference tow program.

(4) A participating tow company shall not charge a fee for any work that has not been performed by the tow company or another listed tow company.

(5) A listed tow business shall not represent to any person or business that a fee has been, or will be, charged by the Oregon State Police.

(6) Listed tow businesses conducting business with the Oregon State Police, Oregon Department of Transportation and the citizens of Oregon, must always act professionally. All listed tow businesses must cooperate, be courteous, and provide business-like treatment to all Oregon State Police employees, Oregon Department of Transportation employees and citizens. Listed tow businesses that, through their conduct, abuse the non-preference tow system or the integrity, trust or security of the Oregon State Police shall be removed from the non-preference tow rotational list through the suspension or revocation processes.

(7) The Oregon Department of Transportation as a "roadway authority" may adopt these administrative rules as they relate to the Oregon State Police non-preference Tow list. Only the Oregon Department of Transportation may use the Oregon State Police non-preference tow list as set forth in these rules. Any other agency adopting a non-preference tow program must establish and use their own non-preference tow list which will be operated and enforced by their agency.

(8) A listed tow business must adhere to these rules while conducting business with the Oregon Department of Transportation. The Oregon Department of transportation may report rule violations in writing to the Oregon State Police Tow Program. Rule violations in relation to the Oregon Department of Transportation may result in removal from the listed non-preference tow list as through the suspension or revocation process described in these rules.

(9) The Oregon State Police or the Oregon Department of Transportation may contract directly with the companies on the non-preference list to assist with roadway clearance in times of roadway incidents such as natural disaster or weather-related events. In these instances, a fee may be imposed and charged to the state according to the contract.

Or. Admin. R. 257-050-0020

OSP 5-2005, f. & cert. ef. 11-18-05; OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10; OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10; OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10; OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10; OSP 1-2024, amend filed 04/04/2024, effective 4/9/2024

Statutory/Other Authority: ORS 181.440

Statutes/Other Implemented: 181.440