Or. Admin. R. 257-050-0050

Current through Register Vol. 63, No. 7, July 1, 2024

Section 257-050-0050 - Definitions

(1) "Abandoned Auto" or "Abandoned Vehicle" - A vehicle which may be taken into custody, as defined in ORS 819.110.

(2) "Area Commander" or "Station Commander" - The local commanding officer of an area established by the Oregon State Police.

(3) "Authorized Driver" -A driver passed background check and has been permitted to drive through the OSP Tow Program.

(4) "Business Records" - Any record maintained, created, used, or collected in connection to providing tow services.

(5) "Certificate" - A document issued by the Department that declares that a named tow business is listed on the Oregon State Police non-preference rotational tow list.

(6) "Authorized Tow Business" is a tow business determined by the Department to meet the requirements of this rule and which is placed on the Departments non-preference tow rotation.

(7) "Convicted" - An adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.

(8) "Delayed Recovery" - An incident in which the Oregon State Police or Oregon Department of Transportation intend for the recovery of a vehicle to occur at a later time.

(9) "Denial" - Action taken by the Department in denying approval to participate in the non-preference tow program.

(10) "Department" - The Department of State Police, also referred to as "Oregon State Police," and its employees.

(11) "Employee" - Any person in the service of a tow business under contract of hire, express or implied, oral or written, where the business has the power or right to control and direct the employee in the material details of how the work for the business is to be performed.

(12) "Hazardous Vehicle" - A vehicle, as described in ORS 819.120, and defined in OAR 734-020-0147(2).

(13) "Hearings Officer" - A person appointed by an agency or entity contracted by the Department of State Police to conduct contested case hearings.

(14) "Highway" - Every public way, road, street, thoroughfare and place including bridges, viaducts and other structures within the boundaries of the state open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right (ORS 801.305).

(15) "Inspector" - A member or other appointed representative of the Oregon State Police who has been designated by the Department to examine tow trucks and qualified tow businesses.

(16) "Inspection" - The authorized agent or representative of the tow business shall self-certify on its application under penalty of false swearing related to Regulation of Vehicles Related to Businesses (ORS 822.605), Penalty of Perjury (ORS 162.065), suspension or revocation from the non-preference tow rotational list that its tow business, employees and vehicles meet the minimum requirements as set forth in these Administrative Rules. This self-certification shall verify that the tow business' request for a certification complies with all applicable local laws and regulations as prescribed for the geographical area where the tow business will be established. If local zoning regulations are applicable, the authorized agent or representative of the tow business must include with the application a copy of the certification of approval from the local planning department, zoning commission or other authorized unit of local government to the Department. A zoning certification will become part of the permanent record maintained for each qualified tow business by the Department.

(17) "Non-preference tow rotational List' or "Non-preference List" of "tow list" or "rotational tow list - A list of tow businesses determined by the Department to meet all the requirements of these rules and which is maintained by the Department to dispatch the tow trucks on an equitable basis when no choice or preference to a tow business is stated by the vehicle owner, driver, or other person responsible for the vehicle.

(18) "On road time" - The time it takes a listed tow business to have a tow truck started and on the road from the time the dispatcher was called by the Department.

(19) "ODOT" - Oregon Department of Transportation.

(20) "Patrol Services Division" - The administrative body of the Oregon State Police that is located at 3565 Trelstad Ave SE, Salem, OR 97317.

(21) "Place of Business" - A building or physical structure that a tow business conducts business transactions, occupies, either continuously or at regular times, where the tow business' business records are kept and can be accessed electronically.

(22) "Principal" - an owner, partner, corporate officer or other person who controls or manages the business entity or employees or angents of the business organization.

(23) "Region Commander" - The commanding officer of the region as established by the Oregon State Police.

(24) "Recovery vehicle" - A motor vehicle that meets all of the following requirements:

(a) A commercially available truck chassis equipped with a commercially manufactured tow body or bed, that is rated and issued a serial number by the manufacturer;

(b) Has a minimum GVWR of 14,500 pounds;

(c) Designed and equipped for, and used in, the towing and/or recovery of vehicles;

(d) Capable of towing a vehicle by means of a wheel lift or under lift; and

(e) Capable of recovering a vehicle by means of a boom, winch and rope.

(f) A flatbed tow truck may be considered a class D-B or Class D-C recovery vehicle if it meets the following requirements:

(A) Has a minimum GVWR of 23,000 pounds; and

(B) Is equipped with a commercially manufactured side puller system; and

(C) Is equipped with stiff legs; and

(D) Is capable of winching from either side.

(25) "Response time" - The reasonable driving time it takes a tow truck to respond to a location once the tow truck is on the road.

(26) "Revocation" and "revoked" - The termination of a certification and the removal from the Oregon State Police's non-preference towing program for a period of not less than 10 years, which becomes effective from the date of the Notice of Revocation from the Oregon State Police.

(27) "Rope" - Wire rope or synthetic rope.

(28) "Priviledge to apply" - The right of a tow business or its principal(s) to apply for, and the privilege of a listed tow business and/or its principal(s) to re-apply for placement on the non-preference tow list.

(29) "Suspension" and "suspend" - The temporary removal from the Oregon State Police non-preference towing list for a period of not more than 10 years.

(30) "Tow business" - Any person, enterprise, corporation or partnership that engages in the business of impounding, transporting, recovery or storage of towed vehicles.

(31) "Tow vehicle" - A motor vehicle that is:

(a) Altered or designed and equipped for, and used in, the business of towing vehicles; and

(b) Used to tow vehicles by means of a hoist, tow bar, rope or dolly, or otherwise used to render assistance to other vehicles (ORS 801.530).

(32) "Tow zone" - The geographical area designated by the Oregon State Police Non-preference Tow Program.

(33) "Vehicle storage area" or "storage lot" or "storage yard" - The approved yard or enclosed building where a listed tow business keeps or stores towed vehicles.

(34) "Vehicle" -Vehicle as defined per ORS 801.590.

(35) "Registered owner" or "owner" as defined per ORS 801.375.

Or. Admin. R. 257-050-0050

OSP 1-1989, f. & cert. ef. 1-3-89; OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89; OSP 5-1992, f. & cert. ef. 12-16-92; OSP 2-1995, f. & cert. ef. 10-20-95; OSP 1-1999(Temp), f. & cert. ef. 9-10-99 thru 3-7-00; Reverted to OSP 2-1995, f. & cert. ef. 10-20-95; OSP 1-2000, f. & cert. ef. 3-15-00; OSP 2-2000(Temp), f. & cert. ef. 7-14-00 thru 1-9-01; Reverted to OSP 1-2000, f. & cert. ef. 3-15-00; Administrative correction 6-12-01; OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06; 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 5-2010(Temp), f. 7-13-10, cert. ef. 7-14-10 thru 1-10-11; Reverted to OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10; Administrative correction 1-25-11; OSP 4-2011, f. 9-2-11, cert. ef. 9-7-11; OSP 2-2016(Temp), f. & cert. ef. 11-18-16 thru 5-16-17; OSP 1-2017, f. & cert. ef. 3/8/2017; OSP 1-2024, amend filed 04/04/2024, effective 4/9/2024

Statutory/Other Authority: ORS 181A.350

Statutes/Other Implemented: ORS 181A.350