Or. Admin. R. 257-050-0125

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

Section 257-050-0125 - Re-inspection and Recertification

(1) Re-inspections must be conducted at least once a year by an Oregon State Police inspector. Unscheduled inspections of a listed tow business may be conducted without notice by an Oregon State Police inspector to determine compliance with these rules. All inspections shall be done during business hours. If Oregon State Police Inspectors are not available to conduct the inspection, the Oregon State Police Tow Program may authorize a listed tow business to conduct a self-inspection that will be included with the application.

(2) If an inspection reveals that tow truck equipment, unrelated to safety related requirements, is missing from a tow truck or is defective, the Oregon State Police shall immediately advise the listed tow business in writing that a tow truck is in violation of these Oregon Administrative rules. Such notice shall identify the specific tow truck, the specific rule being violated and include a copy of the inspection report.

(a) If the listed tow business fails to remedy the missing or defective non-safety related equipment within 15 days of the date of notice, the tow truck with the missing or defective equipment shall be removed from the list of tow vehicles authorized by the non-preference tow certification issued to the listed tow business.

(b) If an inspection reveals that a listed tow business's facilities, records or other non-safety related items violates these rules, the Oregon State Police shall advise the listed tow business in writing of the violation. Such notice shall identify the specific violation(s) and include a copy of the inspection report. If the listed tow business fails to remedy the violation within 15 days of the date listed on the notice, the listed tow business's certification shall be revoked.

(c) A listed tow business may avoid revocation of non-preference tow certification under this section by voluntarily removing the violating tow vehicle or facility from the list of authorized tow vehicles or facilities. Notice advising the Oregon State Police that the listed tow business has voluntarily removed a violating tow vehicle or facility from service must be in writing and sent to the Oregon State Police Tow Program at 3565 Trelstad Avenue SE, Salem Oregon 97317. Notification of voluntary removal must be received by the Oregon State Police Tow Program no later than 15 days after the date on the notice the Department issued to the listed tow business. If a listed tow business remedies the violations regarding the tow vehicle or facility after voluntary removal, the listed tow business may request re-inspection by the Oregon State Police. The Oregon State Police may re-authorize inclusion of a tow vehicle or facility if a listed tow business passes a re-inspection as described in this section.

(3) A safety related violation related to a tow truck or facility shall be cause to immediately suspend such tow vehicles or facilities from the list of authorized non-preference tow vehicle or facilities.

(a) If the violation is remedied and passes re-inspection within 30 days of removal from the list, the tow truck or facility shall be reinstated on the non-preference tow list. If the violation is not remedied or the tow vehicle or facility fail re-inspected within 30 days, non-preference tow certification for that tow vehicle and that facility shall be revoked.

(b) A listed tow business may avoid immediate suspension under this section by voluntarily removing the involved vehicle or facility from the list of authorized tow vehicles or facilities. A listed tow business must immediately provide an electronic submission of written documentation of voluntary removal under this section to the Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov.

(4) A listed tow business which has voluntarily removed an out of compliance tow truck or facility from service, may request re-inspection by an Oregon State Police inspector. Request for re-inspection must be in writing and sent to the Oregon State Police Non-Preference Tow Program at Oregon State Police, 3565 Trelstad Ave SE, Salem, OR 97317 or email to OSPTOW@osp.oregon.gov. Within a reasonable time following written request from the tow business for re-inspection, the Department shall re-inspect the equipment/facility. If the violation has been remedied and complies with these administrative rules, the listed tow business, vehicle or facility shall be re-listed. The Department may waive re-inspection if the Department determines that the tow business provided sufficient evidence that the violation has been remedied. If the Department determines the violations have been remedied, the vehicle or facility shall be relisted within 14 days of the Department's determination.

(5) Upon revocation, suspension, expiration or voluntary relinquishment of a certification, a listed tow business's privilege to conduct non-preference towing services at the request of the Department is terminated.

(6) A listed tow business must notify the Oregon State Police Non-Preference Tow Program within 10 days of selling or transferring an authorized tow.

Or. Admin. R. 257-050-0125

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