Section R13-3-1201. Tow Truck Agent and Company Requirements

A.      A tow truck company shall ensure that each tow truck agent:

1.        While operating a tow truck possesses and carries a valid driver’s license for the class of tow truck operated;

2.        While operating a tow truck possesses and carries a cur- rent medical examination certificate in accordance with 49 CFR 391.45 (October 1, 2003) as incorporated by ref- erence in A.A.C. R17-5-202;

3.        Does not operate a tow truck if the agent has more than two moving violation convictions within the previous 12 months;

4.        Possesses the skill and knowledge to rig, move, pick up, and transport a vehicle without causing avoidable damage to the vehicle or other property;

5.        Has not consumed any alcoholic beverage within four hours of operating the tow truck;

6.        Is not using or under the influence of alcohol or any of the following substances as defined in A.R.S. § 13-3401 while operating a tow truck:

a.        Peyote;

b.        Vapor-releasing substance containing a toxic sub- stance;

c.        Marijuana;

d.        Dangerous drugs;

e.        Narcotic drugs; or

f.         Prescription-only drug unless the tow truck agent obtains the prescription-only drug pursuant to a valid prescription.

7.        Has not been convicted of committing a crime involving fraud, embezzlement, or theft in the five years before operating a tow truck and has never been convicted of committing a felony homicide, felony kidnapping, felony assault, felony sexual offense, or felony robbery;

8.        Has not been convicted under A.R.S. § 28-1381 (driving while under the influence of narcotics, dangerous drugs, or intoxicating beverages) or A.R.S. § 28-693 (reckless driving) while engaged in the operation of a tow truck; and

9.        Does not operate a tow truck while the agent’s license to drive is suspended under A.R.S. § 28-1321 (Implied Con- sent Law), A.R.S. § 28-3473 (license suspension or revo- cation), or A.R.S. § 28-4141 (suspended license, no insurance).

B.       A tow truck agent shall:

1.        Comply with A.R.S. § 28-1108;

2.        Permit a peace officer or other duly authorized agent of a law enforcement agency to inspect a tow truck to deter- mine compliance with the requirements of this Chapter. The inspection may be conducted without notice at any reasonable time and place; and

3.        Have a certification from a licensed testing facility certi- fying the tested line-pull of the winch or the tested lifting capacity of the boom assembly, if the tow truck is equipped with a homemade boom assembly or home- made winch.

C.      A tow truck agent shall not:

1.        Operate a tow truck without an identification number and a legible copy of a tow truck inspection report, as required by this Chapter;

2.        Transfer a permit decal or tow truck inspection report from one tow truck to another;

3.        Tow or move a vehicle from a highway, street, or public property without prior authorization from the owner or operator of the vehicle, the owner’s agent, a person responsible for maintaining the public property, or a law enforcement officer. The tow truck agent may move, but shall not tow, a vehicle to extract an individual from wreckage or to remove a hazard to life or property at a collision scene;

4.        Use a hand-operated or electric winch for collision recov- ery work;

5.        Operate a tow truck for collision recovery work unless certified for collision recovery;

6.        Use a flatbed tow truck with a G.V.W.R. of less than 14,001 pounds to transport more than one vehicle unless the additional vehicle is a golf cart, a motor-driven cycle, or a trailer that weighs less than 1,500 pounds;

7.        Operate a tow truck that has one or more of the following defects;

a.        Both warning light assembly lights missing or inop- erative;

b.        All load securement devices missing or defective;

c.        A portable lamp not in compliance with A.R.S. §§ 28-925(A), 28-927 or 28-939, if a portable lamp is required;

d.        Any steering axle tire with less than 4/32-inch tread depth in one major groove;

e.        For an axle other than a steering axle, a tire with less than 2/32-inch tread depth and for a dual wheel axle, both tires on the same side with less than 2/32-inch tread depth;

f.         Any flat tire or tire with cord exposed by cut or wear;

g.        Any tow plate, tow bar, tow sling, wheel-lift, or under-lift exhibiting wear in excess of manufacturer standards at any pivot point or any crack in a struc- tural component;

h.        Wire rope in violation of R13-3-1106;

i.         Any component not maintained within manufacturer standards; or

j.         A deficiency noted on an inspection report after the time-frame available to the tow truck agent to cor- rect deficiencies has elapsed;

8.        Equip a tow truck with homemade boom assembly or homemade winch, unless the tow truck company has a certification from a licensed testing facility certifying the tested line pull of the winch or the tested lifting capacity of the boom assembly;

9.        Tow a vehicle using a tow sling, tow plate, or tow bar unless appropriate load securement devices are attached;

10.     Transport a vehicle by flatbed or truck, truck-tractor, or semi-trailer unless the vehicle is secured with a minimum of a four-point tie-down, not including the winch;

11.     Tow a vehicle with a wheel-lift, under-lift, tow plate, tow bar, or tow sling unless two safety chains are attached by crossing the chains with one end of each chain attached to a major structural member of the tow truck and the other end attached to a major structural member of the towed vehicle, with no attachments to the bumpers;

12.     Tow a vehicle using a tow plate, tow bar, tow sling, wheel-lift, or under-lift unless a portable lamp is affixed to the rear of the rear-most towed vehicle, in plain view, and when activated, visible to traffic traveling in the same direction;

13.     Activate warning light assembly except at the scene of service, or when transporting a vehicle that presents a hazard from a collision scene;

14.     Use any vehicle towed or article stored in the towed vehi- cle, unless it is the property of the tow truck company or tow truck agent;

15.     Operate  a  tow  truck  that  exceeds  the  manufacturer’s

G.V.W.R.  without  a   load  or  the   manufacturer’s  rated capacity for the boom or bed assembly;

16.     Operate a tow truck that is equipped with a tow plate, tow bar, or tow sling unless the tow plate, tow bar, or tow sling has a manufacturer weight rating that exceeds any load carried on it; or

17.     Refuse to make prompt restitution for any damage for which the tow truck company is legally liable.

D.      The Department may suspend a permit decal for failure to comply with these standards.

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1735, effective July 1, 2006 (Supp. 06-2).

Historical Note

New Section made by final rulemaking at 12 A.A.R.

1735, effective July 1, 2006 (Supp. 06-2).