OAR 257-050-0140
Place of Business Requirement and Business Hours
(1)
When a qualified tow business is not open and does not have personnel present at the place of business, the qualified tow business shall post a clearly visible telephone number at its place of business for the purpose of public contact for the release of vehicles or personal property.(2)
The qualified tow business shall maintain personnel who can be contacted 24 hours a day to release impounded vehicles within a 30-minute period of time.(3)
The qualified tow business must post and maintain its letter of appointment at its place of business.(4)
Intentionally left blank —Ed.(a)
Dispatch service. The qualified tow business shall provide dispatch services 24 hours a day, 365 days a year. Each tow vehicle used by a qualified tow business shall be equipped with a two-way radio (not a citizen’s band radio) or cellular phone capable of direct communications with the qualified tow business’s dispatch service. Equipment provided shall be subject to approval of the Oregon State Police. Equipment shall be maintained in proper working condition at all times.(b)
Failure to respond to a call:(A)
Refusal or failure of a qualified tow business to respond to calls from the Department for towing services may result in the suspension or revocation of the qualified tow business’s letter of appointment;(B)
The qualified tow business shall advise the appropriate Oregon State Police Dispatch Center when the qualified tow business is temporarily unavailable to respond to non-preference tow calls. Unavailability may occur due to conditions which include, but are not limited to, a disabled tow truck or a tow truck under repair, or unforeseen driver shortage due to illness or vacation. The qualified tow business shall advise the Oregon State Police Dispatch Center once the qualified tow business is available to resume its normal operation;(C)
Regardless of the unavailability of any qualified tow business, the non-preference list rotation shall continue as if the qualified tow business was available.(5)
Service call response time. Response times are mandatory. Class A and D-A tow trucks shall be on the road within fifteen minutes. Class B, C, D-B and D-C tow trucks shall be on the road within thirty minutes. At the time of the dispatch, all classes of tow trucks shall provide an estimated time of arrival at the scene. The station commander may waive this requirement due to inclement weather or unusual circumstances that might exist.(6)
For abandoned vehicles not deemed to be a hazard, tow requests will be made during business hours, defined as 8 A.M. to 5 P.M., seven (7) days a week, including holidays. Qualified tow businesses may tow abandoned vehicles at the qualified tow business’s convenience during business hours on the date of the tow request. Once a vehicle is removed from the roadway and in possession of the qualified tow business, the qualified tow business shall notify the requesting Oregon State Police Office Dispatch Center as soon as possible on the date of the tow request of its possession of the abandoned vehicle. Notification of possession of the abandoned vehicle should be made immediately by the qualified tow business. In no case will notification to the Oregon State Police be made more than two hours after the abandoned vehicle comes into the possession of the qualified tow business.(7)
At the time a response is requested, the Department will provide the location, make, model, year of car license plate and estimated gross vehicle weight (if necessary) to the qualified tow business. Also, the Department will inform the qualified tow business about any condition or circumstances that may require special handling or assistance. The qualified tow business shall transmit the information to the person driving the tow truck.(8)
Qualified Tow business’s record requirements: At its place of business of each tow zone, qualified tow businesses shall maintain the following records on each vehicle towed for a period of three years:(a)
Vehicle description:(b)
License number;(c)
Issuing state;(d)
Make;(e)
Model;(f)
Year;(g)
Vehicle identification number;(h)
Towing location;(i)
Location vehicle was towed from;(j)
Location to where the vehicle was towed;(k)
Qualified Tow Business, Name, Address and Phone Number;(l)
Name of tow truck driver;(m)
Reasons for towing and/or service;(n)
Time and date of service include storage dates as applicable;(o)
Class of tow truck or truck number;(p)
OSP Impound Forms;(q)
All invoices for abandoned vehicles towed;(r)
All invoices for all OSP non-preference tows.(9)
All fees for service shall be itemized. A copy of voided invoices shall be filed by invoice number at the qualified tow business’s place of business and shall be retained in a file for a period of three years.(10)
All vehicles shall be handled and returned in substantially the same condition that they were in before being towed.(11)
All employees who operate tow truck(s) for a qualified tow business shall have an operator’s license with the proper class or type for vehicle combinations. As prescribed by the state issuing the license, Oregon licensees shall comply with all applicable Oregon laws.(12)
Any person who shows proof of ownership or written authorization from the owner of the impounded vehicle may inspect and view the vehicle without charge during normal business hours. This does not apply to a vehicle seized and stored as evidence.(13)
All towing receipts on impounded vehicles, or confiscated vehicles, shall be made available by the qualified tow business to the nearest Department office after the tow has been completed.(14)
The qualified tow business shall notify the Oregon State Police Dispatch Center immediately when any person seeks to redeem any vehicle towed as abandoned or where a police hold has been placed on the vehicle. Release of vehicle under temporary or formal hold shall require written release from the Department. When a person entitled to take possession of the vehicle subject to a hold presents the qualified tow business with an official Oregon State Police release form, the qualified tow business shall release the vehicle to the person named.(15)
When inspection or reinspection of a tow truck is necessary, the area commander shall designate a location and time for the inspection to be conducted. When practical the inspection or reinspection shall be made within ten (10) days following the request by the qualified tow business.(16)
The qualified tow business shall provide either locked outside storage or locked, secure indoor storage, or both, which meets the following requirements:(a)
The qualified tow business’s storage facility shall be in conformance with all zoning requirements of all applicable governments. Storage shall be provided, and of sufficient size, for each class of vehicle towed for the Oregon State Police, including semi trucks and motor homes, except as provided in ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle). Storage shall be located within the contractual geographical service area described as tow zones. The vehicle storage area may be located up to five (5) miles from the qualified tow business’s place of business, provided that both facilities are located within the appointed tow zone. Contact phone numbers and addresses are to be posted at both locations for the place of business and the storage area. When the towed vehicle storage area is not located at the qualified tow business’s place of business, employees shall be able to respond from one location to the other within 30 minutes or less.(b)
The storage area will be under the exclusive access and control of the individual qualified tow business. The storage area cannot be shared with other businesses, including non-tow businesses not owned by the owner of a qualified tow business.(17)
The qualified tow business shall provide fencing around the outside storage area. The fencing must meet the following requirements:(a)
Fencing must comply with the requirements established in these Administrative Rules and all local zoning rules and regulations.(b)
Fencing shall be either made of a woven wire composition normally referred to as “cyclone fencing-chain link fencing,” or made of a solid material, such as wood or concrete block, inclusive of a permanent natural barrier which would prevent access and unauthorized entry to the storage area. Fencing shall be topped by a minimum of three (3) strands of barbwire. Fencing not meeting the requirements of these regulations as determined by the Oregon State Police will not be accepted. Qualified tow businesses that are unable to comply with these fencing requirements due to local zoning requirements will be addressed on a case by case basis by the Department.(c)
Gates and entryways shall be of a solid frame, and the same minimum height as the other fencing material. All gates and entryways shall be designed to afford locking the gate or entryway securely to prevent unauthorized entry.(18)
The qualified tow business shall allow the owner of a towed vehicle or anyone authorized in writing by the Oregon State Police, and/or an Oregon State Police Officer or other Department Member, to go to the vehicle and remove items of personal emergency nature, e/g/ eyeglasses, medication, clothing, identification, wallets-purses (and their contents), credit cards, check books, any known money-currency, child safety car and booster seats, except as provided in ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) and 819.160 (Lien for towing).(19)
The qualified tow business shall be responsible for the contents, storage and disposal of all personal items, except items taken by authorized personnel in OAR 257-050-0140 (Place of Business Requirement and Business Hours)(18).
Source:
Rule 257-050-0140 — Place of Business Requirement and Business Hours, https://secure.sos.state.or.us/oard/view.action?ruleNumber=257-050-0140.