Oregon Administrative Rules › Chapter 257 - DEPARTMENT OF STATE POLICE › Division 50 - NON-PREFERENCE TOWING › Section 257-050-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abandoned
			 Auto" or "Abandoned Vehicle" - A vehicle which may be taken into custody, as
			 defined in ORS 819.110.
(2) "Area Commander" or "Station Commander" -
			 The local commanding officer of an area established by the Oregon State
			 Police.
(3) "Authorized Driver" -A
			 driver passed background check and has been permitted to drive through the OSP
			 Tow Program.
(4) "Business Records"
			 - Any record maintained, created, used, or collected in connection to providing
			 tow services.
(5) "Certificate" - A
			 document issued by the Department that declares that a named tow business is
			 listed on the Oregon State Police non-preference rotational tow list.
(6) "Authorized Tow Business" is a tow
			 business determined by the Department to meet the requirements of this rule and
			 which is placed on the Departments non-preference tow rotation.
(7) "Convicted" - An adjudication of guilt
			 upon a verdict or finding entered in a criminal proceeding in a court of
			 competent jurisdiction.
(8)
			 "Delayed Recovery" - An incident in which the Oregon State Police or Oregon
			 Department of Transportation intend for the recovery of a vehicle to occur at a
			 later time.
(9) "Denial" - Action
			 taken by the Department in denying approval to participate in the
			 non-preference tow program.
(10)
			 "Department" - The Department of State Police, also referred to as "Oregon
			 State Police," and its employees.
(11) "Employee" - Any person in the service
			 of a tow business under contract of hire, express or implied, oral or written,
			 where the business has the power or right to control and direct the employee in
			 the material details of how the work for the business is to be
			 performed.
(12) "Hazardous Vehicle"
			 - A vehicle, as described in ORS
			 819.120, and defined in OAR
			 734-020-0147(2).
(13) "Hearings
			 Officer" - A person appointed by an agency or entity contracted by the
			 Department of State Police to conduct contested case hearings.
(14) "Highway" - Every public way, road,
			 street, thoroughfare and place including bridges, viaducts and other structures
			 within the boundaries of the state open, used or intended for use of the
			 general public for vehicles or vehicular traffic as a matter of right (ORS
			 801.305).
(15) "Inspector" - A member or other
			 appointed representative of the Oregon State Police who has been designated by
			 the Department to examine tow trucks and qualified tow businesses.
(16) "Inspection" - The authorized agent or
			 representative of the tow business shall self-certify on its application under
			 penalty of false swearing related to Regulation of Vehicles Related to
			 Businesses (ORS 822.605), Penalty of Perjury
			 (ORS 162.065), suspension or
			 revocation from the non-preference tow rotational list that its tow business,
			 employees and vehicles meet the minimum requirements as set forth in these
			 Administrative Rules. This self-certification shall verify that the tow
			 business' request for a certification complies with all applicable local laws
			 and regulations as prescribed for the geographical area where the tow business
			 will be established. If local zoning regulations are applicable, the authorized
			 agent or representative of the tow business must include with the application a
			 copy of the certification of approval from the local planning department,
			 zoning commission or other authorized unit of local government to the
			 Department. A zoning certification will become part of the permanent record
			 maintained for each qualified tow business by the Department.
(17) "Non-preference tow rotational List' or
			 "Non-preference List" of "tow list" or "rotational tow list - A list of tow
			 businesses determined by the Department to meet all the requirements of these
			 rules and which is maintained by the Department to dispatch the tow trucks on
			 an equitable basis when no choice or preference to a tow business is stated by
			 the vehicle owner, driver, or other person responsible for the
			 vehicle.
(18) "On road time" - The
			 time it takes a listed tow business to have a tow truck started and on the road
			 from the time the dispatcher was called by the Department.
(19) "ODOT" - Oregon Department of
			 Transportation.
(20) "Patrol
			 Services Division" - The administrative body of the Oregon State Police that is
			 located at 3565 Trelstad Ave SE, Salem, OR 97317.
(21) "Place of Business" - A building or
			 physical structure that a tow business conducts business transactions,
			 occupies, either continuously or at regular times, where the tow business'
			 business records are kept and can be accessed electronically.
(22) "Principal" - an owner, partner,
			 corporate officer or other person who controls or manages the business entity
			 or employees or angents of the business organization.
(23) "Region Commander" - The commanding
			 officer of the region as established by the Oregon State Police.
(24) "Recovery vehicle" - A motor vehicle
			 that meets all of the following requirements:
(a) A commercially available truck chassis
			 equipped with a commercially manufactured tow body or bed, that is rated and
			 issued a serial number by the manufacturer;
(b) Has a minimum GVWR of 14,500
			 pounds;
(c) Designed and equipped
			 for, and used in, the towing and/or recovery of vehicles;
(d) Capable of towing a vehicle by means of a
			 wheel lift or under lift; and
(e)
			 Capable of recovering a vehicle by means of a boom, winch and rope.
(f) A flatbed tow truck may be considered a
			 class D-B or Class D-C recovery vehicle if it meets the following requirements:
(A) Has a minimum GVWR of 23,000 pounds;
			 and
(B) Is equipped with a
			 commercially manufactured side puller system; and
(C) Is equipped with stiff legs;
			 and
(D) Is capable of winching from
			 either side.