08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 2 of 16 (5) Consent tow--Any tow ma motor vehicle m which the tow truck is summoned by the oviner or operator of the vehicle by person who has possession, custody, or contro of the vehicle. The term does not include an incident management tow wa private propert tow. (6) Conspicuous--Written in a size, color, and contfasi so as to be readily noticed and understood. Contested case--A procee incl a/ licensing proceeding, mwmichme/vo*/anxu.o"tie`.*,Pr*/wgeoOfevaxvarewuo determined 4a state agency after vn opportunity for adjudicative hearing. (8) Department—The Texas Department o/ Licensing anmneu"laun^. (o) Driver's License—Has the meaning assigned uvAuo1.mn/. Transportation Code. ('10) Incident--an unplanned randomly occurring traffic event that adversely affec normal traffic operations. (11) Incident management tow tow of a vehicle in which the tow truck is summoned because of a traffic accident or to an incident. (1x) License holder ^,Un^n"ee~rhe person to which the department issued alicense. (13)monwx^o*ntmx~^nvtow ofa motor vehicle that /^ not x consent tow, including: (A) an incident management to* and (B) a private property tow, (14) Parking favilit+-Pvbti^or private property used wholl or partl for restricted or paid vehicle parking. The term include yu^ restricted space ^na portion ofan otherwise unrestricted parking facjlity�and (B) a commercial parking lot, a parking garage. and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a prcp" owners' association, or government-owned property leased to a private person, including: 0a portion ^ the fight-of-way ora public roadway mo/ismwedyvaomemnmota/aoowmum»*minn facility vwnerand (11) the area between momm//ty's property line abutting ^ county ormunicipal public roadway and the center line m the roadway's um/mau°wavurmamrb of the roadway, whichever /o farther from the facility's property line, (/5) Parking facility authorized vuumt--m` employee magent ofo parking facility Owner with the authority to: (^) authorize the removal u/a vehicle from the parking facility vn behalf u/ the parking facility owner and (B) accept serv om behalf o, the parking facility owner ora notice o/ hearing mmvo*t^u under this chapter. (1*) Parking facility ^w^ep- indivi corporation, partnership limited partnership, limited liability company, association, trust, m other legal entity owning m operat ^ parking facility; owners (13) a property as sociation haw control Linder x dedicatory instrument, ea that term /° defined m§2mx.on1. Property Code, over assigned Of unassigned parking areas: ° (C) a property owner x exclusive right un a dedicatory instrument, as that term /s defined /.§000ao1. Property Code, to use a parking space. (1n Permit mwo^,'n"v person m which the department issued apermit. (/8) Private property xo+~An' tow ma vehicle authorized uxaparking facility owner without the consent m the owner or operator ^/ the vehicle. (/9) Property owners' a^v"mauom—*°v the meaning assigned uvB2n2on1. Property Code. (20) Public roadway--A public street. alley, road, right-of-way, or other publieway, including paved and unpaved portions of the right-of -way. (21) Tow muck—A motor vehicle, including wrecke equipped wimxxwcxonum| device used mtow, winch, o' otherwise mov another motor vehicle. The term does not include: (o)oTnmor vehicle owned mnuopm'oteu»'000vemmeomnem/ty,/nc/uu/^u*pvm|^,nn^o/xmmm; (B)o motor vehicle towing: wa race car. VVo motor vehicle for exhibition; o <xVam antique motor vehicle; (C)mrecreational vehicle towing another ~ehicle; (D) a moto vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated m the furtherance v,*mmmerclwenterprise; (e)a motor vehicle that is controlled m operated ,ymfa^norm rancher and used for towing a farm vehicle; m (F) a motor vehicle thaL 0isowned or operated by an entity the primary business of which is the rental mmotor veh[cles� and (ii) only to vehicles rented by the entity. http://w" 6/21/2011