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IVNvicg Administrative Rules
<br />Page 9 of 16
<br />(o) The department inspector will contact the towing company owner, manager, mtheir representative u arrival wthe towing company, and before
<br />proceeding with the inspection.
<br />«4 The tewoo company own manager, m their representative shall cooperate With the inspector m the performance or the /^^*,mw^.
<br />86.451. Periodic Inspections. fNeiv section adopted effective April 15, 2008, 33 TexReg 2940)
<br />(a) Each towing company shall be inspected at least once every two years
<br />(b) The towing company owner, manager, m their representative must, U request make available m the inspector all records, notices and other
<br />documents required ur these rules.
<br />(c) Upm completion of the inspeefion the owner manager vr representa shall uo advised m writing m the results w the inspection. The inspect
<br />report will indicate whether the inspec was approved or riot approved, and will describe any violations identified during the inspection,
<br />(d) For inspections that are not approved, the inspection report Will iden u* that must uo corrected by the owner. The report will also indicate
<br />the corrective actions required m address the violations, i^ accordance with Bum.4au, Additionally, the department may assess wmim^wome
<br />penalties and/or administrative sanctions for violations.
<br />(m Based v^ tire results ^/ the periodic inspection, a towing company m*vm,movaumox^k-v*veu*vheuule of inspections. The department will
<br />notify the owner of the towing company, In wfitIrig, if the company becomes sub to the risk-based inspection schedule and the scheduled
<br />frequency winspection,
<br />am.wo. Risk-based Inspections. (Now section adopted effective April ,6,xou43xnex**g 2wv0; amended effective May 3,owno5 Texmegxwo6)
<br />(a) Risk-based inspections are those re in addition to periodic inspec required Linder §86.451, for towing companies xew^n/^pmuvma
<br />de wupu greater risk w the public.
<br />04To determine which towing company will be subject to risk-based inspections, the department has established criteria and frequencies for
<br />/^mpecx^^».
<br />(4 The owner u the towing company shall pay the fee required under §8m.000 for each risk-based inspection, /^^ manner established uvthe
<br />oepawmvnc
<br />towin company subject m risk-based /^,p*uu^""mm*m»ouvwxw'mupeuwuouuueoonmefol«owr,w'/sko/mria**uin*pemm
<br />(e)/o the time of inspection of a towing company, the owner, manager or their representative must, upon request make available w the inspector,
<br />records notice and othe documents required uv this c
<br />(0 Upon completion o/ the ins the owner of the to%viion comp shall oa advised m writing w the results ^, the inspecti
<br />(q) The inspection will identify violations that must uu corrected uv the towing company. The report will also indicate the corrective actions
<br />requ m a the wu|uuoon mau�mancv�m0ow.^*o.^uow/^^on the ayymuaomm/amamopanam �o*^o�'
<br />um��mou� sanctions for violations. '
<br />(h) A towing company on a risk-based inspection schedule that has n viol in four consecutive Inspections, may be moved to a l ess
<br />frequent risk-b Inspection schedule or returned to periodic schedule ^rmopw»/w*r The department will notify the owner m the towing company
<br />if there is a change in the towing company's risk-based schedule or if the towing company is returned to a periodic inspection schedule,
<br />86m53. Corrective Actions Following Inspectio (New secw*����������33 Te,<Re«2940)
<br />(a) When corrective actions to achieve compliance are required:
<br />(1) the departmen shall provide t towing company a list of requ corrective modification(s);
<br />(2) within 10 days after receiving the list of required wxectwactions,mmowner shall complete all corrective actions and provid
<br />written verification of the corrective actions to the deparlment; and
<br />c4 the department may grant ^n exten consistent with estab procedures, x satisfactory evidence /u presented showing that
<br />the time period specified /s inade m perform the necessary corrections.
<br />(b The department may assess administrative penalties and/or administrative sanctions for violations m for failure m complete corrective actions
<br />timely or provide written verification to the department timely, in accordance with §86.1300.
<br />86.466. Private Property Tow Fees. (Neiv section adopted effective September 1. 2010. 35 TexReg 7788)
<br />(a) For purposes m this section:
<br />(i) light-clUty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;
<br />http://ww" , . lie onse.state.tx.us/towing/towrtiles.htm 6/21/2011
<br />Tota Inspection Frequency
<br />Tier
<br />Criteria
<br />(Includes both periodic and risk-based
<br />Violation of the rules determined by the department to pose a potential economic harm
<br />Once
<br />to property; or
<br />each year
<br />Repeated violations relating to unlicensed activity.
<br />A serious or repeated violation relating to documentation and records requirements; or
<br />Twice
<br />Failure to mairitain required records: or
<br />each year
<br />Serious or repeated violations relating to unlicensed activity.
<br />Repeated, serious violations related to towing company technical requirements; or
<br />Tier
<br />A significant violation of notifications rules, particularly those that threaten economic
<br />Four times each year
<br />Significant or repeated violations relating to unlicensed activity.
<br />(e)/o the time of inspection of a towing company, the owner, manager or their representative must, upon request make available w the inspector,
<br />records notice and othe documents required uv this c
<br />(0 Upon completion o/ the ins the owner of the to%viion comp shall oa advised m writing w the results ^, the inspecti
<br />(q) The inspection will identify violations that must uu corrected uv the towing company. The report will also indicate the corrective actions
<br />requ m a the wu|uuoon mau�mancv�m0ow.^*o.^uow/^^on the ayymuaomm/amamopanam �o*^o�'
<br />um��mou� sanctions for violations. '
<br />(h) A towing company on a risk-based inspection schedule that has n viol in four consecutive Inspections, may be moved to a l ess
<br />frequent risk-b Inspection schedule or returned to periodic schedule ^rmopw»/w*r The department will notify the owner m the towing company
<br />if there is a change in the towing company's risk-based schedule or if the towing company is returned to a periodic inspection schedule,
<br />86m53. Corrective Actions Following Inspectio (New secw*����������33 Te,<Re«2940)
<br />(a) When corrective actions to achieve compliance are required:
<br />(1) the departmen shall provide t towing company a list of requ corrective modification(s);
<br />(2) within 10 days after receiving the list of required wxectwactions,mmowner shall complete all corrective actions and provid
<br />written verification of the corrective actions to the deparlment; and
<br />c4 the department may grant ^n exten consistent with estab procedures, x satisfactory evidence /u presented showing that
<br />the time period specified /s inade m perform the necessary corrections.
<br />(b The department may assess administrative penalties and/or administrative sanctions for violations m for failure m complete corrective actions
<br />timely or provide written verification to the department timely, in accordance with §86.1300.
<br />86.466. Private Property Tow Fees. (Neiv section adopted effective September 1. 2010. 35 TexReg 7788)
<br />(a) For purposes m this section:
<br />(i) light-clUty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less;
<br />http://ww" , . lie onse.state.tx.us/towing/towrtiles.htm 6/21/2011
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