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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
DRIVER AND MOTOR VEHICLE SERVICES DIVISION

 

DIVISION 154

TOWING BUSINESSES

735-154-0000

Regulations Governing Towing and Recovery Businesses

(1) Failure to meet or maintain any of the requirements of ORS 822.200 to 822.215 or OAR 735-154-0000 through 735-154-0050 relating to a towing or recovery business shall be cause to deny, suspend, revoke or refuse to issue or renew a towing business certificate.

(2) Definitions for the purposes of OAR 735-154-0000 through 735-154-0050 are as follows:

(a) As used in ORS 822.200(1)(c), "purports...to be engaged in..." means to solicit or advertise towing services through the telephone book, business directory, newspaper, radio, television, posting on vehicles, signs, business, billboards or by any other means;

(b) A "towing or recovery vehicle" means any motor vehicle used by any person(s) for the purpose of towing or recovering of vehicles;

(c) "Towing business certificate" or "certificate" means the vehicle registration card containing distinctive language indicating it is a certificate issued in conjunction with the vehicle registration, for towing or recovery services;

(d) "Distinctive plate" means the prescribed Oregon registration plate format with a five-digit identification number and two letter prefix "TW" indicating a tow or recovery vehicle; and

(e) "Stickers" means month and year stickers of a type in current use by the Driver and Motor Vehicle Services Division of the Department of Transportation to indicate staggered registration dates.

Stat. Auth.: ORS 802.010, ORS 822.205 & ORS 822.215
Stats. Implemented: ORS 822.215
Hist.: MV 14-1981, f. 10-30-81, ef. 11-1-81; MV 15-1982, f. & ef. 9-23-82; MV 15-1983, f. & ef. 12-5-83; Administrative Renumbering 3-1988, Renumbered from 735-071-0100; MV 21-1991, f. & cert. ef. 9-18-91

735-154-0005

Authority of Towing Business to Issue 10-day Trip Permits

(1) A towing business may issue 10-day trip permits as provided in ORS 803.600, if the towing business:

(a) Submits a completed and signed agreement to issue trip permits to DMV; and

(b) Agrees to abide by the Oregon statutes and administrative rules relating to the issuance and sale of 10-day trip permits, including but not limited to ORS 803.600 and OAR 735-034-0010.

(2) DMV may revoke the authority of a towing business to issue 10-day trip permits if the towing business fails to comply with the requirements of ORS 803.565 and OAR 735-034-0010.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 803.600, 822.205, 822.215
Stats. Implemented: ORS 803.600, 822.215
Hist.: DMV 28-2003(Temp), f. 12-15-03 cert. ef. 1-1-04 thru 6-28-04; DMV 9-2004, f. & cert. ef. 5-24-04; DMV 3-2011, f. & cert. ef. 3-16-11

735-154-0010

Requirements for Towing Business Certificate

(1) In addition to meeting the requirements for an application for a towing business certificate under ORS 822.200 to 822.215 or a renewal under ORS 822.210, an applicant for a towing vehicle certificate must submit the following to the DMV for each tow vehicle:

(a) A completed and signed Application for Tow or Recovery Vehicle Business Certificate (DMV Form 735-387);

(b) An application for title and registration, if titling and registering a vehicle;

(c) An application for registration, if only registering a vehicle; and

(d) All applicable fees.

(2) At the time that a tow or recovery vehicle is transferred or no longer operates as a tow or recovery vehicle, the towing business certificate, plates and stickers issued to the vehicle must be surrendered to DMV.

Stat. Auth.: ORS 184.616, 184.619, 802.010, 822.205 & 822.215
Stats. Implemented: ORS 822.205
Hist.: MV 14-1981, f. 10-30-81, ef. 11-1-81; MV 15-1982, f. & ef. 9-23-82; Administrative Renumbering 3-1988, Renumbered from 735-071-0105; MV 21-1991, f. & cert. ef. 9-18-91; DMV 5-2006, f. & cert. ef. 5-25-06

735-154-0040

Minimum Safety Standards

(1) At the time of original application, the applicant shall certify the tow or recovery vehicle is in compliance with the minimum safety standards required by this rule. These standards only apply to tow and recovery vehicles registered under OAR 735-154-0000 through 735-154-0050.

(2) The Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) may make random safety-related inspections without notice to ensure compliance.

(3) No motor vehicle shall be used for tow or recovery services unless the following safety requirements are met:

(a) The vehicle is in compliance with equipment and lighting requirements of the Oregon Revised Statutes;

(b) The vehicle is in compliance with Title 49 Code of Federal Regulations, Parts 570.4, 570.5, 570.6, 570.7 (except paragraph "d"), 570.8, 570.9, 570.10, 570.54, 570.55, 570.56, 570.57, 570.58, 570.59 (except the combination of vehicles and truck tractors must stop in a distance of not more than 35 feet), 570.60 (except paragraph "d"), 570.61, 570.62 and 570.63.

(4)(a) Cables or wire ropes shall have a minimum diameter of 3/8 inch and be free from the following defects or conditions:

(A) More than six randomly-distributed broken wires in one rope lay, or more than three broken wires in any one strand in one rope lay;

(B) Evidence of any heat damage from any cause;

(C) Core protrusion along the main length of the cable unless tension applied to the cable restores proper rope structure;

(D) End attachments that are cracked, deformed, worn or loosened.

(b) Where a wire rope is attached to a hook with clamps instead of being swagged, a minimum of three clamps shall be used. Clamps shall be spaced at least six rope diameters apart and attached with the base or saddle of the clamp against the longer or "live" end of the rope. The "U-bolt" shall be placed over the short or "dead" end of the rope.

(5) All booms, lift equipment, hydraulic hoses, connections, and any other equipment mounted or used on the tow or recovery vehicle shall be maintained in proper working order as recom-mended by the manufacturer of the equipment.

(6) All equipment, cable or wire rope, con-nectors, slings, or any other tow or recovery equipment used in conjunction with the basic vehicle and vehicle-mounted equipment shall be commensurate with the manufacturer's basic load and boom rating for each vehicle or vehicle-mounted equipment.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 802.010, ORS 822.205 & ORS 822.215
Stats. Implemented: ORS 822.205
Hist.: MV 14-1981, f. 10-30-81, ef. 11-1-81; MV 15-1982, f. & ef. 9-23-82; Administrative Renumbering 3-1988, Renumbered from 735-071-0120; MV 21-1991, f. & cert. ef. 9-18-91

735-154-0050

Inspection of Vehicles

(1) Every tow or recovery business shall make their vehicles available for inspection by authorized representatives of the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) upon request during reasonable business hours.

(2) No DMV representative may inspect a vehicle when the inspection would cause a disruption of normal business.

(3) No DMV representative may road-test any vehicle or remove any wheels in the course of an inspection.

(4) A DMV representative, when there is cause, may require the owner or a designee, to road-test a vehicle or require the removal of a wheel or wheels by a mechanic of the owner's choice.

Stat. Auth.: ORS 802.010, ORS 822.205 & ORS 822.215
Stats. Implemented: ORS 822.215
Hist.: MV 14-1981, f. 10-30-81, ef. 11-1-81; MV 15-1982, f. & ef. 9-23-82; Administrative Renumbering 3-1988, Renumbered from 735-071-0125; MV 21-1991, f. & cert. ef. 9-18-91

735-154-0060

Lessee as Owner on Leased Tow or Recovery Vehicle

Notwithstanding ORS 801.375 (1)(b) and 803.050, the lessee shall appear as owner on the Certificate of Title for a vehicle when:

(1) Application for a towing business certificate is made and the vehicle is engaged in any towing or recovery business operation; and

(2) Special tow or recovery plates or identification devices are issued in conjunction with the vehicle registration.

Stat. Auth.: ORS 801.375, ORS 802.010, ORS 803.050, ORS 805.200, ORS 822.205, ORS 822.210 & Ch. 551, OL 1991
Stats. Implemented: ORS 801.375 & ORS 803.050
Hist.: MV 30-1991, f. & cert. ef. 12-16-91

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