Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0020 - Policy and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
It is the policy and purpose of the Oregon State Police
				that:
(1) To further the Oregon State
			 Police's interest in the prompt and orderly removal of disabled or abandoned
			 vehicles from the highways of the State of Oregon, and to meet the towing needs
			 of the Department, the Department has established a non-preference tow program
			 as defined in Oregon Administrative Rules (OAR) 257-050-0020  to 257-050-0200.
			 The program, in part, consists of a non-preference tow rotational list
			 comprised of listed tow businesses. The non-preference tow rotational list is
			 computer generated and does not favor any one listed tow business. The
			 non-preference tow rotational list is not a guarantee of business to the towing
			 industry by the Department. Listed tow businesses participating in the
			 non-preference tow rotational list understand that they may be called upon to
			 conduct vehicle tows at the operational need of the Oregon State Police, as may
			 be determined by the requesting State Police Officer or Department member. A
			 listed tow business participating in the non-preference tow program must
			 understand that participation is a privilge and not a right.
(2) Because the non-preference tow rotational
			 list is designed to meet the towing needs of the Department, tow businesses do
			 not need to be on the list to conduct business with the public.
(3) The Department does not require and shall
			 not establish, recommend, or in anyway dictate the fee charged for a
			 non-preference tow conducted by a listed tow business under the Department's
			 non-preference tow program.
(4) A
			 participating tow company shall not charge a fee for any work that has not been
			 performed by the tow company or another listed tow company.
(5) A listed tow business shall not represent
			 to any person or business that a fee has been, or will be, charged by the
			 Oregon State Police.
(6) Listed tow
			 businesses conducting business with the Oregon State Police, Oregon Department
			 of Transportation and the citizens of Oregon, must always act professionally.
			 All listed tow businesses must cooperate, be courteous, and provide
			 business-like treatment to all Oregon State Police employees, Oregon Department
			 of Transportation employees and citizens. Listed tow businesses that, through
			 their conduct, abuse the non-preference tow system or the integrity, trust or
			 security of the Oregon State Police shall be removed from the non-preference
			 tow rotational list through the suspension or revocation processes.
(7) The Oregon Department of Transportation
			 as a "roadway authority" may adopt these administrative rules as they relate to
			 the Oregon State Police non-preference Tow list. Only the Oregon Department of
			 Transportation may use the Oregon State Police non-preference tow list as set
			 forth in these rules. Any other agency adopting a non-preference tow program
			 must establish and use their own non-preference tow list which will be operated
			 and enforced by their agency.
(8) A
			 listed tow business must adhere to these rules while conducting business with
			 the Oregon Department of Transportation. The Oregon Department of
			 transportation may report rule violations in writing to the Oregon State Police
			 Tow Program. Rule violations in relation to the Oregon Department of
			 Transportation may result in removal from the listed non-preference tow list as
			 through the suspension or revocation process described in these
			 rules.
(9) The Oregon State Police
			 or the Oregon Department of Transportation may contract directly with the
			 companies on the non-preference list to assist with roadway clearance in times
			 of roadway incidents such as natural disaster or weather-related events. In
			 these instances, a fee may be imposed and charged to the state according to the
			 contract.
Statutory/Other Authority: ORS
				  181.440
Statutes/Other Implemented:
				  181.440