Or. Admin. R. 257-050-0110

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

Section 257-050-0110 - Suspension, Revocation and Voluntary Relinquishment of Certification

(1) The Department may deny an application for non-preference tow certification, or suspend or revoke anon-preference tow certification if the Department determines the applicant tow business or listed tow business has failed to comply with the Oregon Revised Statutes.

(2) The Department may deny an application for non-preference tow certification, or suspend or revoke a non-preference tow certification if the Department determines the applicant tow business or listed tow business has failed to meet, or no longer complies with, the requirements for non-preference tow certification as set forth in OAR 257-050-0020 through 257-050-0200.

(3) A listed tow business may voluntarily relinquish its non-preference tow certification. A listed tow business which voluntarily relinquishes certification must notify the Department in writing.

(4) The Department may disqualify a tow vehicle driver employed by a listed tow business if the Department determines the driver has failed to comply with state or federal law related to performance of the duties of a driver, laws related to provision of tow services, or laws related to the use of a tow vehicle A tow vehicle driver disqualified under this subsection may not participate in any tow business operations relating to the non-preference tow program.

(5) The Department may disqualify a tow vehicle driver from participation in non-preference tows if the Department determines the driver has failed to comply with any requirement listed in OAR 257-050-0020 through 257-050-0200. A tow vehicle driver disqualified under this subsection may not participate in any tow business operations relating to the non-preference tow program.

(6) The Department shall deny an application for non-preference tow certification or revoke the certification of a listed tow business for any of the following:

(a) If a listed tow business, an applicant tow business, or a manager or principle of a listed tow business has been convicted of an Oregon felony offense, or an offense in another United States court equivalent to an Oregon felony offense, within fifteen (15) years preceding the date the application for non-preference tow certification is received by the Department, or any time after non-preference tow certification has been granted.

(b) If a listed tow business, an applicant tow business, or a manager or principle of a listed tow business or an applicant tow business has been convicted of two or more felony offenses, or two or more offenses in another United States court that are equivalent to two or more Oregon felony offenses.

(c) If a manager or principal has ever been convicted of a person felony under OAR 213-003-0001(14) or a sex crime as defined in ORS 163A.005(5), or an offense in another United States court that is the equivalent of an Oregon person felony or a sex crime.

(7) The Department may disqualify a tow driver from operating any tow vehicle on behalf of a listed tow business and may disqualify a tow driver from participating in any way in the towing of vehicles for a listed tow business under the Department's non-preference tow program for any of the following reasons:

(a) The tow driver has any conviction described in subsection (6) of this section.

(A) A listed tow business that employs a driver with a conviction described in subsection (6) of this section remains eligible to participate in the Department's non-preference tow program. However, the listed tow business shall not permit the driver employee to participate in any towing of vehicles related to a non-preference tow.

(B) When a listed tow businesses, applicant tow businesses, or a manager or principal of a listed tow businesses or applicant tow businesses become aware that a driver who previously qualified to participate in non-preference tows has become ineligible under these rules, the business, manager or principle must immediately notify the Oregon State Police Tow Program by emailing to OSPTOW@osp.oregon.gov or fax to Patrol Services Division at 503-391-5910 and provide the following information:

(i) The ineligible driver's name; and

(ii) The ineligible driver's date of birth; and

(iii) The reason the driver is ineligible.

(8) The Department may disqualify a driver from participating in non-preference tows for any of the following reasons: The driver has been convicted of five (5) or more traffic crimes, including an offense in another United States court that is equivalent to an Oregon traffic crime, within the preceding fifteen (15) years from the date the application for certification is received by the Department.

(9) The Department may suspend or revoke the certification of a tow business, or the participation of a driver, if a listed tow business, manager, principal or driver is charged with or arrested for any misdemeanor or felony offense for which there is a reasonable basis to believe the offense occurred at a tow business facility, or that the offense directly or indirectly involved the listed tow business and such offense occurred during the course and operation of a listed tow business.

(10) The Department may revoke or suspend the certification of a tow business or the qualification of a driver if the driver is convicted of a moving traffic violation which violation occurred during the course and operation of a listed tow business.

(11) The following suspension periods apply:

(a) "First Suspension" - a first violation shall result in a suspension for a period of not less than thirty (30) days.

(b) "Second Suspension" - a second violation that is committed within a one (1) year from the date of any final order or notice of first suspension, whichever is later, shall result in a suspension for a period of not less than thirty (30) day(s) and not more than ninety (90) days.

(c) "Third Suspension" - a third violation committed within a three (3) year period of the date of a final order, or notice of first suspension, whichever is later, shall result in a suspension for a period of not less than ninety (90) day(s) and not more than one (1) year.

(12) "Revocation" -A criminal offense for which a charge or arrest has been made and the offense occurred in the course of tow business' operation or an un-remedied safety related violation by the listed tow business or driver shall result in revocation of certification or disqualification from driving for a period of not less than ninety (90) day(s) and not more than ten (10) years from the date of any final order, or notice of revocation, whichever is later.

(13) Listed tow businesses that, through their conduct or actions, abuse the non-preference tow system, or the integrity, trust or security of the Oregon State Police shall have their certification revoked.

Or. Admin. R. 257-050-0110

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 1-2006, 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