Section R909-19-3 - Definitions(1) "Consent tow" means any tow truck service done at the vehicle, vessel, or outboard motor owner's or its legal operator's knowledge or approval.(2) "Department" means the Utah Department of Transportation.(3) "Division" means the Motor Carrier Division.(4) "Emergency moves" means a tow operation initiated by law enforcement to move a wrecked or disabled motor vehicle.(5) "Drop Fee" means a fee a vehicle owner, authorized, operator, or authorized agent of a vehicle owner pays to a tow truck motor carrier to relinquish a vehicle. (a) of which a tow truck motor carrier has taken possession to perform a non-consent tow; and(b) the vehicle owner, authorized operator, or authorized agent of a vehicle owner is attempting to retrieve after the tow truck motor carrier is in possession of the vehicle but before the vehicle is removed from the property or scene.(6) "Gross combination weight rating (GCWR)" means the value specified by the manufacturer as the loaded weight of a combination articulated motor vehicle. In the absence of a value specified by the manufacturer, GVCR will be determined by adding the GVWR of the power unit and the total weight of the towed unit, and any load thereon.(7) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the loaded weight of a single motor vehicle.(8) "Life-essential personal property" includes those items essential to sustain life or health, including prescription medication, medical equipment, essential clothing, such as shoes, coat, food and water, child safety seats, and government-issued photo identification.(9) "Non-consent police generated tow" means tow truck service that was ordered by a peace officer, or a person acting on behalf of a law enforcement agency, or highway authority, as defined in Section 72-1-102.(10) "Non-consent non-police generated tow" means towing services performed without the prior consent or knowledge of the owner of the vehicle or the person authorized by the owner to operate the vehicle from private property. The tow truck service must be from private property, at the request of the property landowner or agent for the landowner.(11) "Normal office hours" means hours of operation where the office or yard shall be staffed and open for public business during normal business hours Monday through Friday, except for designated state and federal holidays.(12) "Recovery operation" means a towing service that may require charges in addition to the normal one-truck one-operator towing service requirements. The additional charges may include charges for manpower, extra equipment, and supplies necessary for the recovery operation.(13) "State impound yard" means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission under Subsection 41-1a-1101(5).(14) "Tow truck" means a commercial vehicle constructed, designed, altered, or equipped primarily to tow or remove damaged, disabled, abandoned, seized, repossessed, or impounded vehicles from a highway or other place using a crane, hoist, tow bar, tow line, dolly tilt bed, or other similar means of vehicle transfer without its own power or control.(15) "Tow truck certification program" means a program to authorize and approve tow truck motor carriers, operators, and vehicles is the process by which the Department, acting under Section 72-9-602, shall verify compliance with the State and Federal Motor Carriers Safety Regulations.(16) "Tow truck motor carrier" means a motor carrier as defined in Section 72-9-102.(17) "Tow truck operator" means an individual who performs operations related to a tow truck service as an employee or as an independent contractor on behalf of a tow truck motor carrier.(18) "Tow truck service" means the functions and ancillary operations associated with recovering, removing, and towing a vehicle and its load from a highway or other place using a tow truck. (a) Tow truck service, with regards to authorized towing fees, is determined by the type and size of the towed vehicle, not the type and size of the tow truck performing the service.(b) Towed vehicle classifications will be used when determining authorized fees. Information regarding the GVWR to determine the classification category of towed vehicles can be found on the identification plate on the vehicle driver-side doorframe. Towed vehicle classifications are as follows: (i) "Light duty" means any towed vehicle with a GVWR 10,000 pounds or less;(ii) "Medium duty" means any towed vehicle with a GVWR between 10,001 to 26,000 pounds;(iii) "Heavy duty" means any towed vehicle with a GVWR or GCWR 26,001 pounds and greater.(19) "Tow truck motor carrier steering committee" means a committee established by the Motor Carrier Division and will include enforcement personnel, industry representatives, and other persons as deemed necessary.Utah Admin. Code R909-19-3
Amended by Utah State Bulletin Number 2016-4 , effective 1/21/2016Amended by Utah State Bulletin Number 2018-4, effective 1/24/2018Amended by Utah State Bulletin Number 2019-5, effective 2/7/2019Amended by Utah State Bulletin Number 2020-02, effective 12/31/2019Amended by Utah State Bulletin Number 2020-23, effective 11/12/2020Amended by Utah State Bulletin Number 2022-20, effective 10/10/2022Amended by Utah State Bulletin Number 2024-03, effective 1/23/2024Amended by Utah State Bulletin Number 2024-21, effective 10/22/2024