Or. Admin. Code § 257-050-0140

Current through Register Vol. 63, No. 12, December 1, 2024

Section 257-050-0140 - Place of Business Requirement and Business Hours

(1) A listed tow business must have a storage facility and place of business capable of independent operation within each assigned zone. A Storage facility alone does not meet this requirement.

(2) Multiple listed tow businesses may operate on a single piece of real property, provided each tow business maintains separate business records, storage facilities and certificates.

(3) A listed tow busines must be available for inspection by Oregon State Police between 8AM-5PM, excluding weekends and holidays.

(4) A listed tow business must post its primary contact telephone number in a manner that is clearly visible and prominent at each authorized place of business and storage facility. The posted phone number must reach a phone that must be answered 24 hours a day, seven (7) days a week to include holidays.

(5) A listed tow business must maintain personnel who release towed vehicles in accordance with ORS 98.858.

(6) A listed tow business must post and maintain its certification at its authorized place of business.

(7) A listed tow business's place of business must have an office area accessible to the public where business can be conducted out of the weather.

(8) A listed tow business must be available for phone contact at all times. Each tow driver for a listed tow business must have the ability to maintain constant communication with the dispatch service where geographic conditions and signal strength permit.

(9) A listed tow business must respond to non-preference rotational tow requests from the Oregon State Police or the Oregon Department of Transportation.

(a) The listed tow business must notify the Oregon State Police Non-Preference Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol Division at 503-391-5910 when the listed tow company is unavailable for calls for any reason.

(b) The listed tow business shall advise the Oregon State Police Tow Program at OSPTOW@osp.oregon.gov or fax to OSP Patrol Division at 503-391-5910 once the listed tow business becomes available.

(c) If a listed tow business reports that it is unavailable, or if OSP determines the tow business is unavailable, the tow business will be moved to the bottom of the rotational list as if they had responded to the call.

(d) Failure to respond when requested for towing services by the Oregon State Police when the company has not previously notified the Oregon State Police that the company is not available may result in the suspension or revocation of the listed tow business's certification;

(10) On road time shall meet the following requirements:

(a) Class A and D-A tow trucks shall be on the road within fifteen minutes of the time the listed tow business accepts the tow request from the Department.

(b) Class B, C, D-B and D-C tow trucks shall be on the road within thirty minutes of the time the tow business accepts the tow request from the Department.

(11) A tow business shall provide an estimated response time to the Department at the time the Department requests towing service. The Department may waive this requirement if the Department determines that due to inclement weather or unusual circumstances a tow business is not able to give an estimated response time.

(12) A listed tow business shall tow non-hazardous abandoned vehicles within 24 hours of receiving a tow request from the Department. A listed tow business must notify the requesting dispatch center as soon as possible after a vehicle is removed from the roadway and in possession of the listed tow business, if a Department member or ODOT is not on scene.

(13) Other than non-hazardous tow requests described in (12) above, a listed tow business must respond immediately to all non-preference rotational tow requests by the Department unless directed otherwise.

(14) A listed tow business must maintain all of the following business records relating to non-preference rotational tows. These records may be in either paper or electronic form and must be maintained at each authorized place of business for a period of not less than three (3) years:

(a) The towed vehicle's state issued license plate number;

(b) The make, model, color and year of the towed vehicle;

(c) The vehicle identification number (VIN) of the towed vehicle;

(d) The location vehicle was towed from;

(e) The location to where the vehicle was towed;

(f) The full name of tow truck driver who performed the tow;

(g) The reasons for the tow or related services provided;

(h) The time and date the tow or other service, including vehicle storage dates, as were performed;

(i) The tow truck which provided the tow services; and

(j) All Department documents involved in conjunction with the tow and

(k) Complete invoices for all non-preference tows.

(15) A listed tow business shall provide, upon request by the tow inspector / OSP, business records relating to non-preference rotational tows

(16) A listed tow business shall create and maintain invoice records showing itemized fees charged for each non-preference rotational tow performed by the business. Paper or electronic copies of these tow invoice fee records must be made available upon request to the Oregon State Police Tow Program or the legal owner of the vehicle towed or otherwise provided services.

(17) A listed tow business shall make every reasonable effort to minimize damage to the vehicle being towed during a tow.

(18) A listed tow business shall comply with ORS 98.858.

(a) A listed tow business shall allow personnel authorized by the Oregon State Police to access the vehicle and remove items as provided in ORS 98.858.

(b) This subsection does not apply to vehicles towed or stored as evidence.

(19) A listed tow business shall notify the Oregon State Police Command Center or local area command immediately by telephone when any person seeks to redeem any vehicle which was towed as hazard, impounded, as evidence, or where a hold has been placed on the vehicle by the Department.

(a) No vehicle towed as a hazard, impounded identified as evidence or under a hold shall be released without written release authorization from the Oregon State Police.

(b) A listed tow business may contact the local area command to verify the authorization for release. Verification of release authorization shall not cause an unreasonable delay in releasing the vehicle.

(c) When a person entitled to take possession of a vehicle towed under this rule presents the listed tow business with an official signed Oregon State Police release form, the listed tow business shall release the vehicle to the person named upon the release form after receiving payment in full.

(d) A listed tow business may be subject to suspension or revocation if the business releases a vehicle without first obtaining a signed Oregon State Police issued release authorization or fails to release a vehicle after receiving a properly executed Oregon State Police issued release authorization form.

(20) A listed tow business must maintain a storage facility that meets all the following requirements:

(a) The storage facility is indoor, outdoor or both;

(b) The storage facility is at least 10,000 square feet in size;

(c) The storage facility complies with all zoning requirements;

(d) The storage facility is located within the assigned tow zone;

(e) A storage facility may be separate from the listed tow business's place of business provided both are within the assigned zone and tow business employees are able to respond from the place of business to the storage facility within 30 minutes;

(f) The storage facility is under the exclusive access and control of the listed tow business and authorized persons;

(g) The storage facility is not shared with any other business.

(21) The storage facility is fenced around the outside and the fencing meets the following requirements:

(a) The fencing complies with all zoning rules and regulations;

(b) The fencing is made of a woven wire composition normally referred to as "cyclone fencing-chain link fencing," made of a solid material, such as wood or concrete block, or is a permanent natural barrier which prevents access and unauthorized entry to the storage facility;

(c) The fencing is at least 6 feet in height;

(d) The fencing is topped by at least three (3) strands of tightly strung barbed or razor wire;

(22) The fences, gates and entryways must meet the following requirements:

(a) The gates and entryways are of solid frame construction;

(b) The gates and entryways have the ability to lock;

(c) The gates and entryways are at least 6 feet in height; and

(d) The gates and entryways are topped by at least three (3) strands of tightly strung barbed or razor wire.

(e) Listed tow businesses that are unable to comply with these fencing requirements because of local zoning requirements should notify the Oregon State Police Non-Preference Tow Program. The Department may allow variance from the fencing requirements on a case by case basis.

(23) A listed tow business must contact the Oregon State Police if the reason for the tow request is unclear.

(24) Listed tow businesses are responsible for the contents, storage and disposal of all personal items within a towed vehicle or from a towed vehicle.

Or. Admin. Code § 257-050-0140

OSP 1-1989, f. & cert. ef. 1-3-89; OSP 3-1989, f. 10-16-89, cert. ef. 10-15-89; OSP 5-1992, f. & cert. ef. 12-16-92; OSP 2-1995, f. & cert. ef. 10-20-95; OSP 5-2005, f. & cert. ef. 11-18-05; OSP 1-2006, f. 3-29-06, cert. ef. 3-31-06; OSP 1-2009(Temp), f. & cert. ef. 8-6-09 thru 1-31-10; OSP 2-2009, f. 10-8-09 cert. ef. 1-1-10; OSP 3-2009(Temp), f. 12-18-09, cert. ef. 1-1-10 thru 6-29-10; OSP 3-2010, f. 6-1-10, cert. ef. 6-30-10; OSP 1-2024, amend filed 04/04/2024, effective 4/9/2024

Statutory/Other Authority: ORS 181.440

Statutes/Other Implemented: ORS 181.440