|
REFERENCE TITLE: towing contracts; DPS |
|
State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
|
|
HB 2408 |
|
|
|
Introduced by Representative Stevens
|
AN ACT
amending section 28-1108, Arizona Revised Statutes; relating to vehicle impoundment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-1108, Arizona Revised Statutes, is amended to read:
28-1108. Vehicle towing; rules; contractual agreement for towing services; weight exemption
A. If a vehicle is towing another vehicle, the drawbar or other connection shall be of sufficient strength to pull all weight towed by the vehicle and the drawbar or other connection shall not exceed fifteen feet from one vehicle to the other, except the connection between any two vehicles transporting poles, pipe, machinery or other objects of a structural nature that cannot readily be dismembered. For the purposes of this subsection, "drawbar" means a rigid structure that connects a trailer and a towing vehicle and that articulates at the point of connection with the trailer and articulates at the point of connection with the towing vehicle.
B. If a vehicle is towing another vehicle and the connection consists of a chain, rope or cable, a white flag or cloth at least twelve inches square shall be displayed on the connection.
C. The director of the department of public safety shall adopt and enforce rules that are not inconsistent with this chapter to govern the design and operation of all tow trucks.
D. A person may not operate a tow truck for the purpose of towing vehicles without first registering with the director of the department of public safety, obtaining a bond and obtaining a permit pursuant to the rules that govern tow trucks and that are adopted by the department of public safety.
E. The director of the department of public safety or a county, city or town may enter into a contractual agreement with a towing firm or firms for towing or storage services, or both. The department of public safety must include a super heavy duty towing vehicle classification in its towing services pricing when entering into contractual agreements pursuant to this subsection. For the purposes of this subsection, "super heavy duty towing vehicle" means a tow vehicle to which all of the following apply:
1. Has a manufacturer's gross vehicle weight rating in excess of fifty-two thousand pounds.
2. Has a boom that is capable of moving its position to the side of the vehicle to perform recoveries and that has a boom rating of at least forty tons.
3. Is equipped with air brakes and is capable of providing air to the towed vehicle's brakes.
F. At the time of application for a contractual agreement pursuant to this section, a towing firm must disclose in writing the owners of the towing firm and, if the owners own other towing firms that are also applying for the same contractual agreement, the names of those towing firms. The contractual agreement shall comply with this section and all rules adopted under this section. Contracts shall be awarded on the basis of competitive bidding. The director of the department of public safety or a county, city or town shall reserve the right to reject all bids. If only one bid is received, the director of the department of public safety or a county, city or town may reject the bid and negotiate a contract without bidding if the negotiated contract is at a price lower than the bid price under the terms and conditions specified in the call for bids.
F. G. Except as provided in subsection G H of this section, a towing firm may only have one contractual agreement per geographic towing area with the department of public safety or a county, city or town for towing or storage services, or both. If an owner of a towing firm has a common ownership interest in another towing firm or the assets of another towing firm, the owner may not participate in any other application for a contractual agreement within the same geographic towing area.
G. H. If a towing firm that has a contractual agreement pursuant to this section acquires another towing firm that has a contractual agreement pursuant to this section, both contractual agreements remain valid for one year after the date of the acquisition.
H. I. Notwithstanding subsection F G of this section, an agency may allow a towing firm to use resources from another towing firm if an agency deems the use of those resources is necessary for traffic incident management.
I. J. The total weight of a tow truck and the towed vehicle is exempt from the maximum total gross weight load allowed under section 28‑1100 if a damaged, disabled or abandoned vehicle or vehicle combination is towed.