Utah Department of Administrative Services Division of Administrative Rules

Transportation, Motor Carrier

Rule R909-19

Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35255
Filed: 09/19/2011 11:48:06 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is enacted under the authority of Title 72, Chapter 9, Motor Carrier Safety Act which authorizes the Department to make rules to administer and enforce the act including provisions for required equipment, operation and certification of tow truck operators. More specifically, Section 72-9-603 authorizes the Department to set maximum rates for tow, storage, and administrative fee and establishes authorized towing certification requirements and the posting of tow rates.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments received during and since the last five-year review of this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule must remain in effect in order for the Department to fulfill its regulatory responsibilities under the Motor Carrier Safety Act and to ensure the safe operation of motor carriers on state roads and to ensure that rates are regulated so the public is not exploited or overcharged and the tow truck industry is fairly compensated for services rendered. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Linda Barrow at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at lindabarrow@utah.gov

Authorized by:

John Njord, Executive Director

Effective:

09/19/2011