08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 3 of 16 (22) Towing company - -An individual, association corporation, or other legal entity that controls, operates, or directs the operation of one or inore tow trucks over a public roadway in this state but does not include a polit[ca I subdivision of the, state. (23) Towing operator--The person to which the department issued a towing operator license. (24) Unauthorized vehicle - -A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. (25) Vehicle--A device in, oil, or by which a person or property may be transported on a public roadway. The term inctudes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track. (26) Vehicle owner--A person: (A) named as the purchaser or transferee in the certificate of title issued for the Vehicle Linder Chapter 501, Transportation Code; (B) in whose name the vehicle is registered under Chapter 502, Transportation Code, or a member of the person's immediate family, (C) who fields the vehicle through a lease agreernent: (D) who is an unrecorded fienholder entitled to possess the vehicle under the terms of a chattel mortgage: or (E) who is a fienholder holding an affidavit of repossession and entitled to repossess the vehicle. (27) Vehicle storage facilltv--A vehicle storage facility, as defined by Texas Occupations Code, §2303.002 that is operated by a person who holds a license issued under Texas Occupations Code, Chapter 2303 to operate the faciljly. 86.200, Tow Truck Permit--Required. (Now section adopted effective April 15, 2008, 33 Tex Reg 2940) (a) A IOW truck may not be used for towing on the public streets or roads of this state unless an appropriate tow truck permit has been issued by the department (b) A separate permit is required for each tow truck (c) A tow truck permit is valid for not more than one year from the date of issuance. A tow truck permit shall expire on the same date as the license issued by the department to the tow truck company. 86.201. Tow Truck Perimit--incident Management Towing. (New section adopted effective April 15, 2008, 33 Tex Reg 2940) (a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow allowed under §545.3051, Transportation Code. (b) To be eligible for an incident management towing permit, an applicant must: (1) submit a completed application on a department-approved form; (2) pay the fee required Linder §86.800: (3) verify that the tow truck is equipped to imv light-duty or heavy-duty vehicles according to the manufacturer's guidelines. (4) provide proof of insurance required Linder §66.400; and (5) Successfully pass a criminal background check. (o) An incident management tor;Wlng permit may also be used for private property touring and consent towing. 86.202. Tow Truck Permit--Private Property Towing. (New section adopted effective April 15, 2008, 33 TexReg 2940) (a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner. (b) To [>a eligible for a private property towing permit, an applicant must: (1) submit a completed application on a department - approved' form; (2) pay the fee required Linder §86.800, (3) verify that the tow truck is equipped to tow tight -duty or heavy-duty vehicles according to the manufacturer's guidelines. (4) provide proof of insurance required under §86.400; and (5) successfully pass a criminal background check. (c) A private property towing permit may also be used for consent towing but not for incident management lowing. 86.203, Tow Truck Permit--Consent Towing. (Neiv section adopted effective April 15, 2008, 33 TexRegr 2940) (a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner, as defined in §8610(22), (b) To be eligible for a consent towing permit, an applicant must: (1) submit a completed application on a department- approved form; (2) pay the fee required under §66,800; (3) verify that trio tow truck is equipped to tow light-dully or heavy-duty vehicles according 10 the manufacturer's guidelines. (4) provide proof of insurance required tinder §86.400; and (5) successfully pass a criminal background check. (c) A consent towing permit may not be used for rionconserit towing, including incident management towing and private property towing. http://�vN 6/21/2011