257-050-0100 Issuance of Certification (1) Only a tow business with a valid non-preference tow certfication from the Department, as described herein shall be called upon to perform non-preference towing services at the request of the Department. Non-preference tow certification shall only be issued by the Department when a completed application for non-preference tow certification has been submitted to the Oregon State Police Non-preference Tow Program and the Department determines that all qualifications set out in these Administrative Rules have been met by the applicant tow business. (2) A non-preference tow certification is valid only for the zone or zones listed in the certification and assigned by the Oregon State Police Tow Program and only for the identified tow vehicles will identify specific vehicles auhorized to operate in each zone. (3) A tow business may petition the Oregon State Police for a waiver of a non-safety related requirement. A petition for waiver must be sent to the Oregon State Police Non-preference Tow Program at Oregon State Police, 3565 Trelstad Ave Se, Salem, OR 97317. The Department may grant a waiver if it determines: (a) that the towing needs in a specific zone are inadequate; (b) that the tow business seeking a waiver has the tow resources which can meet the Department's needs if a waiver is granted; and (c) the waiver of equipment will not negatively impact the safety of any person. (4) If a tow business meeting all requirements becomes listed for the same zone as a listed tow business a waiver granted under subsection (3) of this section, the listed tow business operating under a waiver, shall be notified that, notwithstanding the waiver, it has 30 days to become fully compliant with these rules or be removed from non-preference tow certification for the specified zone. If the listed tow business operating under a waiver fails to become compliant within the time specified by the Department, it may also have its non-preference tow certification suspended or revoked by the Department for all zones. (5) Every certification shall be issued in the name of a tow business and the holder thereof shall not allow any other person or tow business to use the certification. (6) A non-preference tow certification is valid only for the place of business/ listed tow company named on the non-preference tow certification application and does not apply to any other place of business. (7) A non-preference tow certification is valid for one (1) year unless suspended or revoked by the Department. (8) A listed tow business must have a separate non-preference tow certification for each zone in which the tow business conducts non-preference tow services. (9) A non-preference tow certification shall state the zone the listed tow business is authorized to operate in. The zones will be determined by the Oregon State Police Tow Program. Statutory/Other Authority: ORS 181.440 Statutes/Other Implemented: ORS 181.440 History: OSP 1-2024, amend filed 04/04/2024, effective 04/09/2024 OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10 OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10 OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10 OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10 OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 5-1992, f. & cert. ef. 12-16-92 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89