UT Code § 72-9-604 (2021)
2021 Utah Code|Title 72 - Transportation Code|Chapter 9 - Motor Carrier Safety Act|Part 6 - Tow Truck Provisions|Section 604 - Preemption of local authorities -- Tow trucks.

 Effective 1/1/2021  72-9-604. Preemption of local authorities -- Tow trucks.    (1)   (a) Notwithstanding any other provision of law, a political subdivision of this state may neither enact nor enforce any ordinance, regulation, or rule pertaining to a tow truck motor carrier, tow truck operator, or tow truck that conflicts with:   (i) any provision of this part;     (ii) Section 41-6a-1401;     (iii) Section 41-6a-1407; or     (iv) rules made by the department under this part.       (b) A county or municipal legislative governing body may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:   (i) is holding the vehicle, vessel, or outboard motor as evidence; and     (ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406.         (2) A tow truck motor carrier that has a county or municipal business license for a place of business located within that county or municipality may not be required to obtain another business license in order to perform a tow truck service in another county or municipality if there is not a business location in the other county or municipality.     (3) A county or municipal legislative or governing body may not require a tow truck motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing certificate by the department, as described in Section 72-9-602, to obtain an additional towing certificate.     (4) A county or municipal legislative body may require an annual tow truck safety inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:   (a) no fee is charged for the inspection; and     (b) the inspection complies with federal motor carrier safety regulations.       (5) A tow truck shall be subject to only one annual safety inspection under Subsection (4)(b). A county or municipality that requires the additional annual safety inspection shall accept the same inspection performed by another county or municipality.     (6)   (a)   (i) Beginning on July 1, 2021, a political subdivision or state agency may not charge an applicant a fee or charge related to dispatch costs in order to be part of the towing rotation of that political subdivision or state agency.     (ii) Notwithstanding Subsection (6)(a)(i), a special service district under Title 17D, Chapter 1, Special Service District Act, may charge an applicant a fee or charge related to dispatch costs in order to be part of the towing rotation of that special service district.       (b) In addition to the fees set by the department in rules made in accordance with Subsection 72-9-603(16), a tow truck motor carrier may charge a fee to cover the costs of a dispatch charge described in Subsection (6)(a).     (c) The amount of the fee described in Subsection (6)(b) may not exceed the amount charged to the tow truck motor carrier for dispatch services under Subsection (6)(a).     (d) A political subdivision or state agency that does not charge a dispatch fee as of January 1, 2019, may not charge a dispatch fee described in Subsection (6)(a)(i).       (7) A towing entity may not require a tow truck operator who has received an authorized towing certificate from the department to submit additional criminal background check information for inclusion of the tow truck motor carrier on a rotation.     (8) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck operator that responds may not respond to the location in a tow truck that is owned by a tow truck motor carrier that is different than the tow truck motor carrier that was dispatched.    Amended by Chapter 45, 2020 General SessionAmended by Chapter 420, 2020 General Session