Arkansas Administrative Code › Agency 157 - Arkansas Towing and Recovery Board › Rule 157.00.14-001 - Arkansas Towing and Recovery Board - Rules and Regulations 2014

Current through Register Vol. 49, No. 6, June, 2024
PURSUANT TO ARKANSAS CODE ANNOTATED
			 27-50-1201 et
			 seq.
APPLICABILITY
These Regulations 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 Regulations 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 and
		  Regulations.
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.
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 in Arkansas.
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
"LICENSE"
hereinafter
		  referred to shall mean a certificate issued by the Board entitling a member of
		  the towing industry to engage in the towing business.
1.7
"LICENSEE"
hereinafter
		  referred to shall mean a member of the towing industry 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 member of the towing industry to recover, 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, or any disabled or inoperative
		  vehicle for which the owner preference is waived by the owner or person in
		  charge thereof.
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 by the Board to be affixed to
		  the windshield of any tow vehicle operated by a member of the towing
		  industry.
1.12
"RECOVER/RECOVERY"
anything outside of the normal scope of a standard
		  tow, to include the following: (each to be itemized individually)
A.
"WINCHING"
additional use of
		  cable and winch, not to include cable and winch used to pull a vehicle up on
		  rollback or trailer in 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, tarping, or securing
		  vehicle parts and contents.
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
"ADMINISTRATION FEE
a fee
		  charged for the labor and use of office infrastructure for the itemization of a
		  recovery, tow, or storage bill and related processing.
1.15
"STANDARD TOW"
any tow of a
		  vehicle subject to registration in the State of Arkansas, removed from private
		  property, accident scene, side of the roadway, etc., towed in a fashion
		  regularly accepted as routine, to include regular preparation for the tow,
		  response, hookup, loading, unloading, and transportation back to facility
		  within a reasonable operating perimeter..
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 operate a wheel
		  clamp.
1.22
WHEEL
		  CLAMP
" means a device attached to a wheel of a vehicle that renders the
		  vehicle immobile.