(a) Classes of tow and recovery vehicles. All tow and recovery vehicles shall be inspected by the Wyoming Highway Patrol and classified as follows: - (i) Class "A" - Tow and recovery vehicles designated as Class "A" shall service only vehicles that allow the tow vehicle to be operated within legal weight limits, but at no time exceeding 26,000 pounds gross combined vehicle weight (GCVW), and meet the specifications for Class "A" tow vehicles listed in Section 6, paragraph (b)(i) of this chapter.
- (ii) Class "B" - Tow and recovery vehicles designated as Class "B" shall service only vehicles not exceeding 26,000 pounds gross vehicle weight (GVW) or gross combined vehicle weight (GCVW) and meet the specifications for Class "B" tow vehicles in Section 6, paragraph (b)(ii) of this chapter.
- (iii) Class "C" - Tow and recovery vehicles designated as Class "C" shall service only vehicles exceeding 26,000 pounds gross vehicle weight (GVW) or gross combined vehicle weight (GCVW) and meet the specifications for Class "C" tow and recovery vehicles found in Section 6, paragraph (b)(iii) of this chapter.
- (iv) Class "L" - Tow and recovery vehicles designated as Class "L" shall be considered "light duty" and typically used by dealerships and repair shops to retrieve customer's vehicles for repair. Class "L" tow vehicles shall not be used for recovery operations. Class "L" tow vehicles shall meet the specifications in Section 6, paragraph (b)(iii) of this chapter and are not eligible for the Wyoming Highway Patrol Nonconsensual Tow and Recovery Rotation List.
- (v) Class "R" tow and recovery vehicles meeting the specifications in Section 6, paragraph (b)(iv) of this chapter shall be referred to as "rollbacks."
(b) The following specifications shall be required of the individual tow vehicle classes. A boom, tow cradle, tow plate, or tow sling is not required if a rollback vehicle is used. - (i) Class "A" tow and recovery vehicles shall have:
- (A) A minimum gross vehicle weight rating (GVWR) of not less than 10,000 pounds.
- (B) Individual boom capacity of not less than 8,000 pounds when retracted, as rated by the manufacturer.
- (C) An individual power take off (PTO) or hydraulic power winch with a rating of not less than 8,000 pounds, as rated by the manufacturer with at least 100 feet of 3/8 inch cable drum.
- (D) A manufactured under-lift with a retracting lifting capacity of not less than 3,500 pounds when retracted and a minimum tow rating of 7,500 pounds, as rated by the manufacturer, with safety chains.
- (F) Additional safety equipment as specified by federal and state regulations.
- (ii) Class "B" tow and recovery vehicles shall have:
- (A) A towing vehicle chassis with a manufacturer's capacity of 21,000 pounds or greater gross vehicle weight rating (GVWR).
- (B) An individual boom capacity of not less than 24,000 pounds when retracted.
- (C) An individual power take off (PTO) or hydraulic power winch with a rating of not less than 12,000 pounds, as rated by the manufacturer with at least 150 feet of 7/16 inch cable.
- (D) A wheel underlift tow rating of at least 20,000 pounds and a lift rating of at least 9,000 pounds when retracted.
- (E) Light and air-brake hookups.
- (F) Additional safety equipment as specified by federal and state regulations.
- (iii) Class "C" tow and recovery vehicles shall have:
- (A) A gross vehicle weight rating of at least 35,000 pounds.
- (B) A double boom capacity of not less than 20,000 pounds each or a single boom capacity of not less than 40,000 pounds.
- (C) A winch capacity of not less than 40,000 pounds equipped with at least 175 feet of 9/16-inch independent wire cable.
- (D) Auxiliary air brake lines and hoses connected to buses, tractors, trailers, or other towed vehicles when required as a matter of public safety.
- (E) Dual rear wheels and tandem axle drive or super single tires and wheels with tandem axle drive.
- (F) An under-lift tow rating of at least 26,000 pounds, and a lift rating of at least 24,000 pounds when retracted (if so equipped); or a tow sling or tow bar lift with a rating of at least 24,000 pounds.
- (iv) Class "L" tow and recovery vehicles shall have:
- (A) A minimum gross vehicle weight rating (GVWR) not to exceed 15,000 pounds;
- (B) Individual boom capacity of not less than 5,000 pounds, as rated by the manufacturer;
- (C) An individual PTO or hydraulic power winch capacity, if equipped, of not less than 5,000 pounds, as rated by the manufacturer, with at least 75 feet of 3/8 inch cable drum; or or a manufactured wheel-lift with a retracting lifting capacity of not less than 3,500 pounds when retracted, as rated by the manufacturer, with safety chains; or an "integrated boom" with a lifting capacity of not less than 3,500 pounds, as rated by the manufacturer, with safety chains;
- (D) Single or dual rear wheels; and
- (E) Additional safety equipment as specified by federal and state regulations.
- (v) Class "R" tow and recovery vehicles shall have:
- (A) A minimum gross vehicle weight rating (GVWR) of not less than 12,000 pounds;
- (B) Not less than an 8,000 pound winch, as rated by the manufacturer, with at least 50 feet of 3/8 inch cable or larger; and
- (C) A bed or box capable of carrying a vehicle with no part of the carried vehicle in contact with the roadway and a minimum bed load rating of 10,000 pounds.
- (D) Additional safety equipment as specified by federal and state regulations.
(c) Lighting requirements. - (i) The following lighting shall be required and may be contained within a commercially manufactured light bar:
- (A) At least one red light, or a combination of red and blue lights, visible from all sides when in operation. These lights shall be used only as authorized by W.S. 31-5-928(g).
- (B) At least two high-intensity amber lights contained in a light bar or display a revolving amber light, amber strobe light, or 2 two-way flashing amber lights at least 4 inches in diameter on the vehicle. LED assemblies meeting the visibility requirements shall be allowed. These lights shall be clearly visible at least 1,000 feet from the front and rear of the vehicle and be mounted as high as practical.
- (ii) Towed vehicles shall display working tail lights, turn signals, and stop lights that shall be visible from the rear and controlled by the towing vehicle's operator.
(d) Additional equipment requirements. All tow and recovery vehicles shall comply with the following: - (i) All safety equipment prescribed by the U.S. Department of Transportation Safety Regulations within C.F.R. Title 49, as adopted for commercial vehicles by WYDOT.
- (ii) Adequate equipment capable of removing glass and other debris as prescribed in W.S. W.S. 31-5-117(b).
- (iii) A trailer used as a recovery or removal operations vehicle shall comply with the following:
- (A) Not exceed the allowable loaded weight as indicated by the manufacturer (gross vehicle weight rating);
- (B) When pulled by a power unit in a recovery operation, the power unit shall meet the lighting and safety requirements outlined in subsections 5(c) and 5(d); and
- (C) When the power unit is not being used in a recovery or removal operation, the emergency lighting as defined by W.S. 31-5-928(f) and W.S. W.S. 31-5-928(g) (flashing red, white, and blue lights) shall be covered.
- (iv) Winches, wheel lifts, cradles, tow plates, tow slips, and booms shall be built by a manufacturer of such equipment and shall not be "homemade."
- (v) Tow and recovery vehicles equipped with fixed booms and/or "true-hitch" are not authorized for recovery operations.
- (vi) Come-a-longs, chains, or other similar devices shall not be used as substitutes for winch and cable.
(e) Restrictions. - (i) All tow and recovery vehicles shall be operated in compliance with all traffic laws and regulations.
- (ii) All persons engaged in towing and recovery within the rights-of-way of federal-aid highways shall wear safety apparel meeting federal safety requirements for visibility.
- (iii) Motor carriers operating tow and recovery vehicles not meeting the requirements of these rules may be subject to Department disciplinary action that may result in, but is not limited to, the revocation or cancellation of the carrier's operating authority.
- (iv) All tow and recovery vehicles are subject to all applicable federal and state commercial vehicle statutes and rules and regulations.
- (v) The Wyoming Highway Patrol has statutory authority to spot check any tow and recovery vehicle for registration, fuel licensing, letter of operating authority, weight violations, and commercial vehicle/driver inspections.
- (vi) If directed by state statutes, tow and recovery vehicles shall stop at Wyoming ports-of-entry.
- (vii) No tow and recovery vehicle operator shall transport, nor allow to be transported, any passengers in any vehicle towed, recovered, or hauled by a wrecker, recovery vehicle, or rollback. Passengers from these vehicles being transported in the tow and recovery vehicle shall be considered authorized.
- (viii) No operator, employee, or individual used by a tow and recovery carrier in a nonconsensual tow and recovery operation shall be a member, or affiliate, of any federally identified criminal organization.
(f) Nonconsensual towing and recovery - (i) All nonconsensual towing and recovery practices shall be in accordance with these rules and regulations of the Department, all applicable state and federal laws and regulations, and the Wyoming Highway Patrol's Non Consensual Towing and Recovery Procedures (incorporated by reference).
- (ii) Any code, standard, rule, or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable data identified in subsection (iii) of this section.
- (iii) The Wyoming Highway Patrol Non Consensual Towing and Recovery Procedures are incorporated by reference, effective January 15,2016, and may be found at the following: www.whp.dot.state.wy.us. These procedures may also be requested from the Wyoming Highway Patrol in writing at 5300 Bishop Boulevard, Cheyenne, Wyoming, 82009; by telephone at (307)777-4301; or by fax at (307)777-4282.
(g) Application for letter of authority. - (ii) After receiving the application but before issuing the letter of authority, the Department shall cause an inspection of the tow and recovery vehicle. A copy of the inspection shall be sent to the Regulatory Section to be placed in the carrier's file. To receive a letter of authority, the tow and recovery vehicle shall meet the specifications for the class requested, and the owner or lessee shall certify that the information furnished is correct.
(h) Inspection. - (i) In addition to any roadside inspections initiated by WHP, described in Section 6(e)(f) of this rule, the Department shall cause an annual inspection between January 1 and June 30 to determine the condition of the tow and recovery vehicle and its equipment. A copy of the inspection form shall be sent to the Regulatory Section to be placed in the carrier's file, and another copy shall be carried in the vehicle.
- (ii) Tow vehicles not meeting rule requirements at the annual inspection or under inspections found in Section 6(e)(5) of this rule may have their letter of authority revoked and canceled.
(i) Special provisions. - (i) In an emergency, peace officers are authorized to use any qualified or nonqualified equipment necessary.
- (ii) Peace officers, while performing their duties, shall not be responsible to pay for services performed by tow and recovery vehicle operators.