Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0150 - Towing

Current through Register Vol. 63, No. 7, July 1, 2024
(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