08-30-11 Wrecker Committee Meeting and Public Hearing

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Towing Administrative Rules Page 12 of 16 (d) A towing company may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility is in compliance with the required postings in Texas Occupations Code, §2308.207. (e) A towing, company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255. (0 A towing company may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, § §2308301 - 23013.305. (g) Except as authorized by Texas Occupations Code, § §2308,351.2308.354, a towing company may not perform a nonconsent tow ffem. (1) a leased right -of -way; (2) an area between a parking facility and a public right -of -way; (3) a public right- of -way or (4) a public roadway. (h) A towing company may not contract for Vie removal from a parking facility of a vehicle that does not display an unexpired license plate of registration insignia or a valid inspection certificate, unless before the tow, the towing company notes on the tow ticket the: (1) name of the person or company that authorized the tote; (2) telephone number of the company or person that authorized the tow;. and (3) date of compliance With the notice provisions in Texas Occupations Code, §2308,253(o). (i) A towing cornpany or towing operator may riot charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department. 0) A towing company or towing operator may not charge a fee related to a nonconsent tow that is not listed in the schedule most recently submitted to the department. (k) A towing company must keep record of every nonconsent tow including, but not limited to, the following information: (1) vehicle description, including license or vehicle identification number, if available; (2) the specific rule or statutory provision sanctioning the tow, (3) each fact justifying the nonconsent tow, (4) location vehicle towed from; and (5) vehicle storage boa lion. (1) A towing operator must allow department personnel and law enforcement to inspect a tow truck permitted under this chapter. 86.706. Responsibilities of Towing Company -- Required Postings at Vehicle Storage Facility (VSFli. (Neva section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 3466) (a) A towing company must provide its nonconsent towing fees schedule to all VSF's to which the towing company delivers vehicles for storage. (b) The nonconsent towing fees schedule provided to the VSF and made available to the public at the VSF must match the nonconsent tolling fees schedule on file with the department. (c) A towing company may not collect nonconsent towing fees unless the VSF accepting nonconsent towed vehicles post a sign in one inch letters stating "Nonconsent tow fees schedules available on request." (d) The nonconsent towing fees schedule must be made available to any requester during normal business hours of the VSF. 86.708. ResponsibilWes of Towing Company --Tow Truck License Plates, (Never section adapted effective April 15, 2008. 33 TexReg 2940; amended effective May 3, 2090, 35 TexReg 3486) Unless allowed by another law or regulation a bluing company or tow black operator must not operate or cause a tow truck to be operated on the public roadways of this State unless the tow truck displays current license plates that includes the words "Tow Truck." 86.709. Responsibilities of Towing Company --Tow Ticket. (New section adopted effective April 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3466) (a) A towing company must prepare and issue a tow ticket for each nonconsent tow. (b) A copy of the tow ticket must be given to the vehicle owner, if the owner or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or place agreed upon by the towing operator and vehicle owner. (c) The tow ticket shall only authorize charges directly related to touring the vehicle to a designated location authorized by subsection (b). (d) The tow ticket shall itemize each charge and must characterize the fees casing the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the department. (e) The flow ticket must contain the licensed name of the towing company, publicly listed telephone number, towing company certificate of registration number, and the full printed name and TDLR license number of the towing operator. 86.710. Responsibilities of Towing Company - -]rang and Alcohol Testing Policy. (New section adopted effective April 95, 2008, 33 TexReg 2940; amended effective ,!1Afay 3. 2090, 35 TexReg 3486) (a) A towing company adopting paragraphs (1) - (12) of this subsection will comply with Texas Occupations Code, §2308.158. (1) Purpose and Scope. This drug and alcohol testing policy provides guidance to supervisors and towing operators about their responsibilities under this policy. Except as stated in paragraph (12), this policy applies to all towing operators and al towing operator job applicants. (2) Definitions. The words and terns used in this policy shall have their ordinary meaning unless the words or terms are used in Texas Occupations Code, Chapter 2308 or Title 49 Code of Federal Regulation Part 40, in which event the words or terms shall have the meaning designated in those regulations. littp H , rN , A .license. state .tx.us /towiiig /towrules.htm 6/2112011