257-050-0150 Towing (1) The Department shall not establish, recommend or in any way dictate the cost of a non-preference tow conducted by a listed tow business. (2) A listed tow business that conducts a non-preference tow under these administrative rules shall not represent to any person or business that a fee has been or will be charged by the Oregon State Police. (3) All listed tow businesses shall annually provide to the Oregon State Police Tow Program a current itemized fee schedule which lists all fees the tow business charges for non-preference tow related services. (4) A listed tow business may only charge and collect the fees listed on the fee schedule provided to the Oregon State Police Tow Program for work related to a non-preference tow. The amounts charged for each service or other item must match the provided fee schedule provided to the Oregon State Police Tow Program. This does not include sublet services performed by another listed tow company, rental equipment required for special circumstances, mechanical work, bodywork or other repair work conducted after the tow. (5) Complaints relating to fees charged against a listed tow business may be referred to the Oregon Department of Justice Consumer Protection Hotline. Complaints may also be forwarded to the Oregon Tow Board. (6) Listed Tow businesses shall not transport passengers in any towed or carried vehicle (refer to OAR 257-050-0150 (6)). (7) Vehicles towed under the non-preference rotational tow program must be stored at a listed tow company’s approved storage facility and within the tow zone in which the tow occurred. (8) If a listed tow company is operating in the tow zone via a tow waiver, the vehicle shall be towed to the listed tow company’s closest approved storage facility within the county. (9) A listed business must use only tow equipment approved by the Department in the tow zone for which it applied. (10) In the event a listed tow business has a closer listed tow truck of the appropriate class in an adjacent zone, the listed tow business may use the closer listed truck so long as the response time to the scene is not increased. (11) If a tow business does not have the necessary equipment to conduct a required class of tow, the business shall be removed from the non-preference tow list for that class of tow and shall not contract with another company. (12) If a listed tow business uses unapproved drivers the business may be suspended or removed from the list. (13) If the tow business has the appropriate equipment for a particular class of tow, and has been approved for the particular zone, it is acceptable for a tow business to contract with another tow business for additional assistance, or use rental equipment, so long as the listed tow business is on scene during the recovery and has the appropriate equipment. (14) A contracted tow business as described in (12) must also be on the Oregon State Police non-preference tow list and may only use tow equipment and drivers listed by the Department. (15) Only tow equipment listed by the Department may be used. 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 5-2005, f. & cert. ef. 11-18-05 OSP 2-1995, f. & cert. ef. 10-20-95 OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89 OSP 1-1989, f. & cert. ef. 1-3-89