Arkansas Administrative Code › Agency 235 - DEPARTMENT OF LABOR AND LICENSING › Division 20 - Arkansas Towing and Recovery Board › Rule 235.20.22-001 - Rules of the Arkansas Towing and Recovery Board

Current through Register Vol. 49, No. 6, June, 2024
ARKANSAS TOWING & RECOVERY BOARD RULES
PURSUANT TO ARKANSAS CODE ANNOTATED
				27-50-1201 et
				seq.
APPLICABILITY
These Rules promulgated by the Arkansas Towing & Recovery
				Board, pursuant to Act 1061 of 2011 and Arkansas Code Annotated §
								27-50-1201 et seq.,
				shall apply to a person
(1) Engaged in
			 the towing or storage of vehicles in the State of Arkansas and that is hired to
			 tow or store the vehicle or;
(2)
			 Performs vehicle immobilization services.
A person is "hired to store" if that person secures a
				vehicle(s) subject to registration for compensation, consideration, or
				commercial purposes.
A person is "hired to tow" if that person operates a tow
				vehicle(s) for compensation, consideration or commercial purposes, but does not
				include operation of a tow vehicle(s) to transport or otherwise facilitate the
				movement of a vehicle(s) that is owned by the operator or the operator's
				employer.
RULE 1:
DEFINITIONS
For purposes of these Rules promulgated by the Arkansas Towing
				& Recovery
Board pursuant to Arkansas Code Annotated
				27-50-1201 et seq.
				as now or hereafter amended, the following definitions, unless the text
				otherwise requires, shall apply:
1.1
"THE BOARD"
hereinafter referred to shall mean the ARKANSAS TOWING
			 AND RECOVERY BOARD.
1.2
"THE
			 DIRECTOR"
hereinafter referred to shall mean the Director for the Board,
			 or any other person authorized by the Board to administer its Rules.
1.3
"TOWING INDUSTRY"
hereinafter referred to shall mean the use of tow vehicle(s) by any person,
			 individual, partnership, corporation, association, or other entity, to tow,
			 recover, upright, transport, or otherwise facilitate the movement of vehicles
			 on Arkansas's public roadways, and/or storage of vehicles including the
			 solicitation of tow vehicle services.
1.4
"VEHICLE"
hereinafter
			 referred to shall mean any device by which persons or things may be transported
			 upon a public roadway and is of the type subject to registration or any other
			 form of transportation which may not be titled or subject to
			 registration.
1.5
"TOW
			 VEHICLE"
hereinafter referred to shall mean any motor vehicle and/or
			 related equipment subject to registration in the State of Arkansas which is
			 used to tow, recover, upright, transport or otherwise facilitate the movement
			 of vehicles on public roadways.
1.6
"TOW BUSINESS LICENSE"
hereinafter referred to shall mean a
			 certificate issued annually by the Board entitling any person, individual,
			 partnership, corporation, association, or other entity to engage in the towing
			 business.
1.7
"LICENSEE"
hereinafter referred to shall mean any person,
			 individual, partnership, corporation, association, or other entity holding a
			 valid License issued by the Board.
1.8
"EQUIPMENT"
hereinafter
			 referred to shall mean any vehicle and/or related equipment used by a licensee
			 or their employee to recover, clean-up, upright, transport, or to otherwise
			 facilitate movement of vehicles on public roadways.
1.9
"NON-CONSENT"
hereinafter
			 referred to shall mean the towing, storage, or recovery of any unattended or
			 abandoned vehicle, without the expressed or implied permission of the vehicle
			 owner, operator, agent or person in charge of the vehicle.
1.10
"CONSENT"
means towing,
			 storage, or recovery of any vehicle, which towing, storage or recovery is done
			 with the permission of the owner or other person in charge of the
			 vehicle.
1.11
"TOW VEHICLE
			 SAFETY PERMIT"
hereinafter referred to shall mean a decal issued
			 annually by the Board to be affixed to the windshield of any tow vehicle
			 operated by a licensed tow business displaying the year in which the permit is
			 valid.
1.12
"RECOVER/RECOVERY"
anything outside of the normal scope of a
			 standard tow, to include the following: (each to be itemized on an invoice)
A.
"WINCHING"
additional use of
			 cable and winch needed to recover or reposition a vehicle and for the purpose
			 of invoicing, not to include cable and winch used to pull a vehicle up on
			 rollback or trailer in a standard tow
B.
"LABOR"
additional manpower
			 or time required to prepare a vehicle beyond the normal scope of a standard
			 tow, may include but is not limited to site clean-up, unloading of freight,
			 tarping, securing vehicle parts and contents or other recovery related
			 services.
1.13
"STORAGE"
a daily fee required by a towing company to secure and
			 safely store a vehicle, to include release of vehicle during normal/reasonable
			 business hours.
1.14
"ADMINISTRATIVE FEE"
a fee charged for the time, clerical services
			 and use of an office itemized invoicing of a recovery, tow, or storage bill and
			 related processing. An administrative fee should reflect the effort needed to
			 process a vehicle as required by law.
1.15
"STANDARD TOW"
any tow of a
			 vehicle subject to registration
1.16
"PERSON"
means any
			 individual, partnership, corporation, association, or other entity.
1.17
"FUEL SURCHARGE"
a
			 surcharge determined by calculating a cents per mile rate utilizing the current
			 weekly average for fuel as determined by the US Department of Energy for the
			 Gulf Coast Region PADD3 which rises above the prior year's annual average to
			 offset the fluctuating cost of fuel. Beginning and ending mileage shall be
			 documented on tow receipt.
1.18
"AFTER HOURS RELEASE"
a fee charged by a towing/storage firm to
			 arrange for the release of a vehicle and/or personal property at the request of
			 the owner or other person authorized to retrieve the vehicle, after
			 normal/reasonable business hours.
1.19
"SET OUT FEE"
a fee charged
			 by a towing/storage firm related to extraordinary or extenuating circumstances
			 above and beyond the standard practice of releasing a vehicle.
1.20
"NOTIFICATION FEE"
a fee
			 charged by a towing/storage firm for the actual expenses incurred with meeting
			 the notification requirements set forth in A.C.A
			 27-50-1208(c)(1),
			 however, it is not to be charged prior to two (2) business day after the date
			 the towing/storage firm receives the vehicle, and not to exceed amount set
			 forth in Rule 10.3.
1.21
"VEHICLE IMMOBILIZATION SERVICE
" means a person operating or
			 directing others to attach a wheel clamp or other industry recognized device
			 used to temporarily render a vehicle immobile.
1.22 "
WHEEL CLAMP
" means a
			 device attached to a wheel of a vehicle that is intended to render the vehicle
			 immobile.
1.23
"TOW BUSINESS" OR "TOWING BUSINESS"
a
			 corporation or a business entity with an alternate DBA name, filed with the
			 Secretary of State or a DBA (Doing Business As) properly filed with the county
			 clerk (A.C.A.§
										4-70-203)
			 and regulated by the Board to be used exclusively for the operation of a tow
			 facility, vehicle immobilization company, or a storage facility which:
(A) Dispatches tow vehicles for non-consent
			 or consent towing and repossession;
(B) Stores vehicles; and
(C) Conducts business with the general
			 public;
(D) Located in the State of
			 Arkansas and meeting the following criteria:
1. A location easily accessible to the public
			 and in compliance with all local state and federal regulations and ordinances:
			 and
2. An appropriate and secure
			 filing system for records: and
3.
			 Clear and visible signage displaying the name on the business license issued by
			 the Board:
(a) A minimum of four (4) feet by
			 six (6) feet in size or meets the criteria established by a municipal zoning
			 ordinance, subdivision regulation or building code: and
(b) Displays the name, physical address, a
			 published telephone number of the towing company and hours of operation:
			 and
4. Sufficient space
			 to safely secure the vehicles and any personal property stored
			 within.
1.24
"CONSUMER COMPLAINT"
a complaint filed by
			 a person with a vested interest as determined by the Board in the vehicle
			 including without limitation and in accordance with the Arkansas Administrative
			 Procedures Act the:
A. Owner of the towed
			 vehicle or his or her agent
B. Lien
			 holder of the vehicle
C. Company
			 that insures the towed vehicle or is liable for the damages: or
D. Law enforcement agency.
1.25
"OWNER
			 PREFERENCE"
means the right of the owner, the owners agent
			 or a competent occupant of a disabled or inoperable vehicle subject to
			 non-consent towing, storage or recovery to request some responsible and
			 reasonable person, gratuitous bailee, bailee for hire or properly licensed or
			 permitted tow facility to take charge and care of the vehicle.
1.26
"OWNER PREFERENCE
			 COMPLAINT"
a complaint concerning a violation of subchapter
			 ACA §
										27-50-1201 et seq.
			 and the circumstances associated with owner preference and consent towing
			 verses a non-consent tow may be reviewed by the board and subsequently filed
			 with the Board (ACA §
										27-50-1221)
			 by:
A. Vehicle owner
B. Lien holder
C. Insurance provider: or
D. Law enforcement officer.
1.27
"BUSINESS
			 LICENSE NUMBER"
a five (5) digit number which will be
			 assigned to each tow business which must be permanently affixed to any
			 permitted tow vehicle in the following manner:
A. the Business License Number must be
			 preceded by the letters ATRB; and
B. the letters NC must follow the five (5)
			 digit number if the tow vehicle is permitted as non-consent or the letter C if
			 the tow vehicle is permitted as consent; and
C. the business license number along with the
			 letters must be placed in a conspicuous place near the business name on each
			 side of the tow vehicle; and
D. the
			 numbers and letters must be two inches (2") in height and easily visible from a
			 distance of fifty (50") feet.
1.28
"UNATTENDED"
means any vehicle which is
			 subject to non-consent towing and all of the rules and requirements to a
			 non-consent tow shall apply.