Section R13-3-902. Inspection by the Department

A.      The Department shall inspect a tow truck for compliance with this Chapter as soon as possible after the tow truck inspection application form is filed and no later than seven days after the application form is filed.

B.       The Department may conduct unannounced, in-service inspec- tions of a tow truck at the roadside, at the company’s place of business, or any reasonable time and place to determine the condition of the tow truck.

C.      The Department shall issue tow truck permit decals and identi- fication number decals individually for each approved tow truck.

D.      When a tow truck inspection is conducted under subsection

(A)  or (B), the following apply:

1.        Department inspectors shall examine the tow truck for compliance with the safety requirements and specifica- tions for the tow truck class under this Chapter.

2.        If the Department finds that the tow truck complies with this Chapter, the Department shall issue an inspection report and if applicable, a permit decal.

3.        If the Department finds that the tow truck does not com- ply with this Chapter, but has no deficiency listed in R13- 3-1201(C)(7), the Department shall issue an inspection report that:

a.        Specifies the deficiencies found,

b.        Requires corrective measures, and

c.        Allows five calendar days for the tow truck agent to correct the deficiencies.

4.        If the Department finds that the tow truck does not com- ply with this Chapter because of deficiencies listed in R13-3-1201(C)(7), the Department shall not issue a per- mit decal but shall issue an inspection report that:

a.        Specifies the deficiencies found, and

b.        Requires corrective measures.

E.       A tow truck agent shall ensure that a legible copy of the most recent tow truck inspection report is kept in the driver’s com- partment area of the tow truck and is produced upon demand to any peace officer. The Department may suspend a tow truck permit decal for failure to comply with this subsection.

1.        A tow truck agent shall ensure that:

a.        A permit decal is affixed to the lower outside right corner of the tow truck’s windshield, and

b.        An identification number decal is permanently affixed to the driver’s compartment area.

2.        The Department may suspend a permit decal for failure to maintain the permit decal or identification number decal in compliance with subsection (E)(1).

3.        If a tow truck inspection report, permit decal, or identifi- cation number decal is lost, damaged, destroyed, or sto- len, the tow truck company shall immediately notify the Department.

a.        The tow truck company shall provide notification in writing to Arizona Department of Public Safety, P.O. Box 6638, Phoenix, AZ 85005-6638, and include the name of the tow truck agent who registered the tow truck and the number of the lost, damaged, destroyed, or stolen inspection report, permit decal, or identification number decal.

b.        Upon receipt of the notification, the Department shall issue the replacement inspection report, permit decal, or identification number decal.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 1735, effective July 1, 2006 (Supp. 06-2). Amended by

final rulemaking at 14 A.A.R. 713, effective April 5,

2008 (Supp. 08-1).