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H0205............................................by TRANSPORTATION AND DEFENSE
WRECKERS - TOW TRUCKS - Adds to and amends existing law to provide for a
rotation list for wreckers or tow trucks to be maintained by the Idaho State
Police; to provide procedures; to provide penalties; and to provide rules.
02/07 House intro - 1st rdg - to printing
02/10 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 205
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO STATE POLICE AND WRECKERS OR TOW TRUCKS; AMENDING CHAP-
3 TER 29, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2903,
4 IDAHO CODE, TO PROVIDE FOR A ROTATION LIST FOR WRECKERS OR TOW TRUCKS TO
5 BE MAINTAINED BY THE STATE POLICE, TO PROVIDE PROCEDURES, TO PROVIDE PEN-
6 ALTIES AND TO PROVIDE RULES; AMENDING SECTION 49-1803, IDAHO CODE, TO PRO-
7 VIDE FOR VEHICLES TO BE STORED IN A SUITABLE PLACE IN IDAHO AND TO PROVIDE
8 FOR SUCH VEHICLES TO BE PLACED IN THE CUSTODY OF A TOW TRUCK OPERATOR IN
9 IDAHO; AND AMENDING SECTION 49-1804, IDAHO CODE, TO PROVIDE FOR THE
10 REMOVAL OF ABANDONED VEHICLES TO A GARAGE IN IDAHO; AND DECLARING AN EMER-
11 GENCY.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Chapter 29, Title 67, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 67-2903, Idaho Code, and to read as follows:
16 67-2903. WRECKERS OR TOW TRUCKS -- ROTATION LIST. The director of the
17 Idaho state police shall cause to be maintained a rotation list of tow trucks
18 or wreckers in this state to be utilized by officers of the state police to
19 tow motor vehicles involved in an accident, abandoned, involved in an emer-
20 gency situation or otherwise disabled. The rotation list shall be maintained
21 by region of the state police and once a wrecker or tow truck is called by the
22 state police, that wrecker or tow truck shall move to the bottom of the rota-
23 tion list, unless the owner or operator of a vehicle requests a specific
24 wrecker or tow truck, in which case that wrecker or tow truck shall maintain
25 its position on the rotation list. The owner or operator of a vehicle may
26 request a tow truck or wrecker not located in Idaho and have the vehicle towed
27 outside the state. Any employee of the state police violating any provision of
28 this section shall be guilty of a misdemeanor and additionally may be liable
29 for a civil penalty not in excess of one thousand dollars ($1,000) per viola-
30 tion. All civil penalties collected pursuant to this section shall be remitted
31 to the general fund. A tow truck or wrecker shall be defined as provided in
32 section 49-124, Idaho Code. The director of the Idaho state police shall pro-
33 mulgate rules implementing the provisions of this section in compliance with
34 the provisions of chapter 52, title 67, Idaho Code. A violation of the rules
35 of the state police shall carry the same penalties as a violation of this sec-
36 tion.
37 SECTION 2. That Section 49-1803, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 49-1803. REMOVAL OF STOLEN VEHICLES OR VEHICLES FOUND UNDER EMERGENCY
40 CIRCUMSTANCES. (1) Any authorized officer, upon discovery of a vehicle
41 reported as stolen and not recovered, or any vehicle involved in any extraor-
2
1 dinary circumstances, may take the vehicle into custody and cause it to be
2 taken to and stored in a suitable place in Idaho, or may cause the vehicle to
3 be placed in the custody of a tow truck operator in Idaho, all expenses of
4 towing and storage to be those of the vehicle owner unless otherwise deter-
5 mined according to the provisions of section 49-1805(5), Idaho Code.
6 (2) Within forty-eight (48) hours of the time that the vehicle is taken
7 into custody and is stored pursuant to this chapter, the agency of which the
8 officer is an agent shall give written notice by certified mail to the regis-
9 tered and legal owners of the vehicle, if known. The notice shall state:
10 (a) That the vehicle has been taken into custody and stored; and
11 (b) The location of storage of the vehicle.
12 (3) The public agency by which the officer is employed shall appraise the
13 vehicle and shall include in the notice, identification of the officer; loca-
14 tion of the vehicle; a description of the vehicle including make, year model,
15 identification number, license number, state of registration and the statutory
16 authority for storage.
17 SECTION 3. That Section 49-1804, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 49-1804. REMOVAL OF ABANDONED VEHICLES BY AUTHORIZED OFFICER. Any autho-
20 rized officer within the jurisdiction in which a vehicle is located, who has
21 reasonable grounds to believe that the vehicle has been abandoned, may remove
22 the vehicle from a highway or from public or private property to a garage in
23 Idaho or nearest place of safety.
24 Upon discovery of an abandoned vehicle which is not within the class of
25 vehicles defined under "emergency circumstances," an authorized officer shall
26 attach on the vehicle, in plain view, a notice that this vehicle will be towed
27 away at the expiration of forty-eight (48) hours as an abandoned vehicle. The
28 notice shall contain the name of the officer who prepared the notice; the name
29 of the agency employing the officer; the time and date of attaching the
30 notice; the time and date after which the vehicle will be removed; the tele-
31 phone number and address of the agency where further information can be
32 obtained. A reasonable attempt shall be made to notify by telephone the owner
33 of any vehicle which has current license plates and registration as shown on
34 the records of the department, prior to the expiration of the forty-eight (48)
35 hour notice period, of the location of the vehicle and the time and date of
36 intent to remove the vehicle. The inability of an officer to notify the owner
37 shall not preclude the removal of the vehicle at the expiration of the forty-
38 eight (48) hour period.
39 Any vehicle which does not have current or any license plate attached may
40 be immediately removed to a safe place of storage.
41 SECTION 4. An emergency existing therefor, which emergency is hereby
42 declared to exist, this act shall be in full force and effect on and after its
43 passage and approval.
STATEMENT OF PURPOSE
RS 12518C1
The purpose of this legislation is to provide for uniformity in
the implementation of A listing and the use of wrecker services
called by law enforcement officials in the State of Idaho and to
require the use of companies who are domiciled in Idaho to
provide these services
FISCAL IMPACT
There is no impact to the general fund.
Contact
Name: Rep. Chuck Cuddy
Phone: 332-1191
STATEMENT OF PURPOSE/FISCAL NOTE H 205