Or. Admin. R. 257-050-0070

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

Section 257-050-0070 - Application Requirements

(1) Application for certification must be made on forms furnished by the Oregon State Police and must be accompanied by an inspection report. The information provided in the application must provide sufficient information for the Department to make all of the following determinations:

(a) The applicant tow business has an established place of business within the tow zone at the address shown on the application.

(b) The applicant tow business' place of business complies with these Administrative Rules and all other provisions of state, local, and federal law.

(c) The applicant's storage facility complies with these Administrative Rules and local, state and federal laws.

(d) The applicant tow business is properly registered with the Oregon Secretary of State.

(e) The address the tow business lists on its application shall be the place of business where the tow business maintains business records.

(f) The application shall list all locations of vehicle storage facilities and places for redemption of vehicles.

(g) Each applicant tow business owner and authorized manager has a minimum of 3 years prior towing experience as of submitting the application packet;

(2) The applicant tow business owners, principles and authorized drivers meet the following training requirements:

(a) Each applicant tow business owner and authorized driver will attend Traffic Incident Management training approved by the Oregon State Police Tow Program within one (1) year of their hire date;

(b) Each applicant tow business owner will provide written proof as required by A and B above to the Oregon State Police Tow Program.

(c) Each applicant tow business owner, principle and authorized driver has completed a state or federally recognized training for the class of tow truck they will be operating;

(d) Each applicant owner, principle and authorized driver has submitted proof of training completion with the application for certification. If a tow company has already been listed by the Department, each applicant owner, principle and authorized driver must submit written proof that the training required in has been completed within two years of the date this requirement goes into effect.

(e) All authorized drivers must complete a state or federally recognized tow training that is approved by the Oregon State Police, within one year of their date of hire. This training must be in-person training that requires classroom and practical hands-on training and testing for certification. Authorized drivers who have already been listed by the department to participate in the rotational tow program must submit written proof of certification that the training has been completed within two years of the date this requirement goes into effect.

(f) All employees of an applicant tow business or listed tow business who operate tow truck(s) have a current valid operator's license for the class of vehicles they operate for the tow business.

(g) The applicant tow business owner or designated employee shall possess a current and valid appraiser's license issued by the Oregon Department of Motor Vehicles pursuant to ORS 819.480.

(h) Written proof of the appraiser's license has been submitted to the Oregon State police Tow Program.

(i) Written proof of workers compensation insurance for each tow driver has been submitted to the Oregon State Police Tow Program.

(3) The applicant tow business has submitted to the Oregon State Police Tow Program proof of the following current, minimum insurance coverage:

(a) General Liability insurance coverage of not less than $1,000,000, with bodily injury per occurrence of not less than $2,000,000 aggregate, or the minimum required by the Federal Motor Carrier Regulations, or the ODOT, whichever is greater, for liability, bodily injury and property damage per occurrence;

(b) Garage keeper's legal liability insurance, for care, custody, and control of towed vehicles, per occurrence with no exclusions for on-hook coverage in the amounts of at least the following for each class:

(i) Class A -- $100,000;

(ii) Class B -- $200,000;

(iii) Class C -- $250,000;

(iv) Class D-A or Other Equipment under this classification -- $100,000;

(v) Class D-B or Other Equipment under this classification -- $150,000;

(vi) Class D-C or Other Equipment under this classification -- $250,000.

(c) Insurance to protect against vehicle damage including, but not limited to fire and theft, from the time a vehicle comes into custody, and control of the tow business, throughout the recovery, and until that vehicle is reclaimed or sold.

(d) Insurance for cargo transported in the amount of at least:

(i) Class A -- $100,000;

(ii) Class B -- $150,000;

(iii) Class C -- $250,000;

(iv) Class D-A -- or Other Equipment under this classification -- $100,000;

(v) Class D-B -- or Other Equipment under this classification -- $150,000;

(vi) Class D-C -- or Other Equipment under this classification -- $250,000.

(4) Nothing in this section relieves an applicant tow business or listed tow business from maintaining insurance in amounts and coverage type required for motor carriers in ORS Chapter 825 if those amounts exceed, or coverage differs from, that required by this section.

(5) A certificate of insurance (including worker's compensation insurance) from each insurance carrier has been provided by the insurance carrier to the Department that includes the type and amounts of coverage and provides for notification to the Department if a policy is cancelled.

(6) The applicant tow business has a dedicated recovery vehicle assigned to the tow zone applied for and which is capable of handling the classifications of tows requested in the application.

(a) An applicant tow business may list a class B recovery vehicle to cover both class A and class B tows.

(b) All applicant tow business vehicles listed in the application comply with these Administrative Rules for the tow classification applied for.

(7) Legal name, date of birth and driver's license of all drivers authorized by the applicant tow business to drive in the listed tow zones have been provided to the Oregon State Police Non-Preference Tow Program.

(8) The Department will provide a written notice to the applicant of the Department's decision within 60 days of the receipt of an application for certification.

(9) The Oregon State Police Non-Preference Tow program must be notified in writing within ten (10) days from the time an authorized agent or representative of a listed tow business changes.

(10) All tow trucks used by listed tow businesses must display the following on both sides of the truck, in a manner that is highly visible to the public and in lettering that is a minimum of 2 inches in height with 1/2 inch stroke:

(a) The tow business's name

(b) The Name of the city where the place of business is located.

(c) The tow businesses telephone number for a line that is answered 24 hours a day, seven days a week.

(d) The Department of Transportation (ODOT) number must also be displayed if required by United States Department of Transportation.

(11) Any applicant tow business, applying for certification or renewal of certification, which fails to demonstrate that it meets all requirements as set forth in these rules or which is in violation of any part of these Administrative Tow Rules may be denied certification. An applicant tow business which is denied certification shall be notified of the denial in writing. If the Department determines that a listed tow business is in violation of these Administrative Rules, other sanctions may include revocation of certification or criminal investigation and referral for prosecution.

Or. Admin. R. 257-050-0070

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 5-2005, f. & cert. ef. 11-18-05; 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 1-2024, amend filed 04/04/2024, effective 4/9/2024

Statutory/Other Authority: ORS 181.440

Statutes/Other Implemented: ORS 181.440