TITLE 18             TRANSPORTATION AND HIGHWAYS

CHAPTER 3        MOTOR CARRIER GENERAL PROVISIONS

PART 12               TOWING SERVICES

 

18.3.12.1               ISSUING AGENCY:  New Mexico Public Regulation Commission (NMPRC).

[18.3.12.1 NMAC - Rp, 18.3.12.1 NMAC, 2-13-15]

 

18.3.12.2               SCOPE:  This rule applies to all towing services providing non-consensual tows and all repossession services using towing equipment and is in addition to all other applicable requirements of these rules.

[18.3.12.2 NMAC - Rp, 18.3.12.2 NMAC, 2-13-15]

 

18.3.12.3               STATUTORY AUTHORITY:  Sections 8-8-4 and 65-2A-4 NMSA 1978.

[18.3.12.3 NMAC - Rp, 18.3.12.3 NMAC, 2-13-15]

 

18.3.12.4               DURATION:  Permanent.

[18.3.12.4 NMAC - Rp, 18.3.12.4 NMAC, 2-13-15]

 

18.3.12.5               EFFECTIVE DATE:  February 13, 2015, unless a later date is cited at the end of a section.

[18.3.12.5 NMAC - Rp, 18.3.12.5 NMAC, 2-13-15]

 

18.3.12.6               OBJECTIVE:  The purpose of this rule is to establish requirements for towing services subject to the limitations in 49 U.S.C. 14501.

[18.3.12.6 NMAC - Rp, 18.3.12.6 NMAC, 2-13-15]

 

18.3.12.7               DEFINITIONS:  In addition to the definitions in Section 65-2A-3 NMSA 1978 and 18.3.1.7 NMAC, as used in this rule:

                A.            MVD means the motor vehicle division of the New Mexico taxation and revenue department;

                B.            normal business hours means any eight (8) hours between the hours of 8:00 a.m. to 5:00 p.m. excluding one (1) hour lunch on every weekday excluding state recognized holidays;

                C.            owner means a person who holds legal title to a motor vehicle or a person legally entitled to possession of the motor vehicle;

                D.            proof of ownership means a certificate of title, evidence of current registration of a motor vehicle or other legal documentation of ownership such as the vehicle owner’s delegation of the power of attorney, or assignment of agent by notarized letter, and sufficient other documentation to identify an individual as the person described in the documents or as the person's agent;

                E.            storage means the safekeeping of motor vehicles entrusted to the custody of a towing service;

                F.            unclaimed motor vehicle has the meaning given in Section 66-1-4.18 NMSA 1978.

[18.3.12.7 NMAC - Rp, 18.3.12.7 NMAC, 2-13-15]

 

18.3.12.8               MINIMUM EQUIPMENT STANDARDS:  A towing service shall use only those winches and towing equipment that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and towing equipment of guaranteed quality.

[18.3.12.8 NMAC - Rp, 18.3.12.8 NMAC, 2-13-15]

 

18.3.12.9               CLASSIFICATION OF TOWING EQUIPMENT:  The standards for each class of towing service shall be determined solely by the manufacturer's specifications for the capabilities of tow and vehicle carrier trucks and towing equipment.

                A.            Class A - operating authority for towing up to eight thousand (8,000) pounds;

                B.            Class B - operating authority for towing between eight thousand one (8,001) and twelve thousand (12,000) pounds;

                C.            Class C - operating authority for towing between twelve thousand one (12,001) and twenty five thousand (25,000) pounds;

                D.            Class D - operating authority for towing twenty five thousand one (25,001) pounds and over.

[18.3.12.9 NMAC - Rp, 18.3.12.9 NMAC, 2-13-15]

 

18.3.12.10             CLASS A TOWING EQUIPMENT:  A class A towing service shall maintain equipment adequate to transport motor vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall not exceed eight thousand (8,000) pounds.

                A.            Tow truck specifications.

                                (1)           GVW rating of not less than ten thousand (10,000) pounds;

                                (2)           Minimum of sixty (60)” cab to axle length;

                                (3)           Automatic or manual transmission;

                                (4)           Dual rear wheels.

                B.            Towing equipment specifications.

                                (1)           Lifting capacity of not less than four (4) tons;

                                (2)           Winching capacity of not less than four (4) tons, single line pull;

                                (3)           3/8" cable for winch;

                                (4)           Tow bar, cradle, sling attachment, under reach, or roll-back vehicle carrier.

                C.            Vehicle carrier truck specifications.

                                (1)           GVW of not less than ten thousand (10,000) pounds;

                                (2)           Minimum of 96" cab to axle length;

                                (3)           Dual rear wheels;

                                (4)           Automatic or manual transmission.

                D.            Vehicle carrier bed specifications.

                                (1)           Minimum of seventeen (17)’ of length;

                                (2)           Winching capacity of not less than four (4) tons;

                                (3)           3/8" cable for winch.

[18.3.12.10 NMAC - Rp, 18.3.12.10 NMAC, 2-13-15]

 

18.3.12.11             CLASS B TOWING EQUIPMENT:  A class B towing service shall maintain equipment adequate to transport passenger cars, trailers, semi-trailers, trucks and truck-tractors, provided that the total gross weight of vehicle, special equipment, special bodies and lading shall exceed eight thousand one (8,001) pounds, but shall not exceed twelve thousand (12,000) pounds.  Unless otherwise specifically restricted by its operating authority, a class B towing service may also render class A service but must charge the tariffed rates for class A service when it does so and must use class B equipment.

                A.            Tow truck specifications.

                                (1)           GVW rating of not less than eleven thousand (11,000) pounds;

                                (2)           Minimum of sixty (60)” cab to axle length;

                                (3)           Dual rear wheels;

                                (4)           Automatic or manual transmission.

                B.            Towing equipment specifications.

                                (1)           Lifting capacity of not less than eight (8) tons;

                                (2)           Winching capacity of not less than eight (8) tons;

                                (3)           3/8" cable for winch;

                                (4)           Tow bar, cradle, or sling attachment, under reach, or roll-back vehicle carrier.

                C.            Vehicle carrier truck specifications.

                                (1)           GVW of not less than fourteen thousand (14,000) pounds;

                                (2)           Minimum of one hundred eight (108)” cab to axle length;

                                (3)           Dual rear wheels;

                                (4)           Automatic or manual transmission.

                D.            Vehicle carrier bed specifications.

                                (1)           Minimum of seventeen (17)’of length;

                                (2)           Winching capacity of not less than four (4) tons;

                                (3)           3/8" cable for winch.

[18.3.12.11 NMAC - Rp, 18.3.12.11 NMAC, 2-13-15]

 

18.3.12.12             CLASS C TOWING EQUIPMENT: A class C towing service shall maintain equipment adequate to transport trailers, semi-trailers, trucks, truck-tractors and other vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall exceed twelve thousand one (12,001) pounds, but shall not exceed twenty five thousand (25,000) pounds.  Unless otherwise specifically restricted by its operating authority, a class C towing service may also render class A or class B service but must charge the tariffed rates for class A or class B service when it does so and must use class C equipment.

                A.            Tow truck specifications.

                                (1)           GVW rating of not less than twenty five thousand (25,000) pounds;

                                (2)           Dual rear wheels;

                                (3)           Automatic or manual transmission;

                                (4)           Full air brakes, constructed so as to lock power wheels upon air failure.

                B.            Towing equipment specifications.

                                (1)           Lifting capacity of not less than ten (10) tons;

                                (2)           Combined winching capacity of not less than ten (10) tons;

                                (3)           7/16" cable for winch;

                                (4)           Tow bar, cradle or sling attachment, under reach, or roll-back vehicle carrier.

                C.            Use of lowboy.  A towing service may use a tractor to tow a trailer when the trailer is part of a damaged or disabled unit.  A towing service may use a lowboy when a tractor, trailer, or other class C vehicle cannot be towed by a tractor.  A towing service may transport the contents of a damaged or disabled unit by means of a carrier or trailer when appropriate.

[18.3.12.12 NMAC - Rp, 18.3.12.12 NMAC, 2-13-15]

 

18.3.12.13             CLASS D TOWING EQUIPMENT:  A class D towing service shall maintain equipment adequate to transport trailers, semi-trailers, trucks, truck-tractors and other vehicles, provided that the total gross weight of the vehicle, special equipment, special bodies and lading shall exceed twenty five thousand one (25,001) pounds.  Unless otherwise specifically restricted by its operating authority, a class D towing service may also render class A, class B, or class C service but must charge the tariffed rates for class A or class B or class C service when it does so and must use class D equipment.

                A.            Tow truck specifications.

                                (1)           Gross Vehicle Weight (GVW) rating of not less than forty nine thousand (49,000) pounds;

                                (2)           Manual transmission;

                                (3)           Dual axle (tandem) rear wheels;

                                (4)           Minimum of one hundred twenty (120)”cab to axle length;

                                (5)           Full air brakes constructed so as to lock power wheels upon air failure.

                B.            Towing equipment specifications.

                                (1)           Lifting capacity of not less than twenty-five (25) tons;

                                (2)           Combined winching capacity of not less than twenty-five (25) tons;

                                (3)           5/8" cable for winch;

                                (4)           Tow bar, cradle or sling attachment, under reach or roll-back vehicle carrier.

                C.            Use of lowboy.  A towing service may use a tractor to tow a trailer when the trailer is part of a damaged or disabled unit.  A towing service may use a lowboy when a tractor, trailer, or other class D vehicle cannot be towed by a tractor.  A towing service may transport the contents of a damaged or disabled unit by means of a carrier or trailer when appropriate.

[18.3.12.13 NMAC - Rp, 18.3.12.13 NMAC, 2-13-15]

 

18.3.12.14             MOVING MOTOR VEHICLES:

                A.            Written authorization required.

                                (1)           Law enforcement requests.  No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle which the towing service has been ordered to tow by law enforcement without having first obtained written authorization from a law enforcement officer and a written inventory of the contents of the vehicle, except:

                                                (a)           Of necessity:

                                                                (i)            when no law enforcement officer is available within a period of three (3) or more hours; and

                                                                (ii)           the accident or abandonment has occurred at a point on the highway which may be dangerous to other motor vehicles using the highway and it is not possible to detour other motor vehicles around the damaged or disabled motor vehicle; the motor vehicle shall be moved only the distance necessary to remove the hazard to other motor vehicles using the highway;

                                                (b)           By order:  when a law enforcement officer explicitly orders a towing service to tow the motor vehicle without written authorization; the towing service shall obtain the name of the officer ordering the tow and the agency that employs the officer.

                                (2)           Motor vehicles illegally parked on private property.  No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle illegally parked without having first obtained written authorization from the owner of the private property, or the owner’s agent if the motor vehicle is illegally parked on private property; written authorization shall include the name and signature of the owner of the property or the name and signature of the property owner’s agent if different, the location of the private property, the amount of time the motor vehicle has been on the private property, a description of the vehicle, and the date and time the towing service removed the vehicle from the private property.

                                                (a)           Before towing a motor vehicle that is illegally parked on private property, the towing service shall take a digital photograph or photographs of the motor vehicle showing its position on the private property.

                                                (b)           No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle illegally parked on commercial property or at an apartment unless the property contains signs notifying the public that illegally parked motor vehicles may be towed.  Before towing a motor vehicle that is illegally parked on private commercial property or at an apartment, the towing service shall take a digital photograph or photographs of the signage notifying the public that illegally parked motor vehicles may be towed.

                B.            Additional requirements.  When towing motor vehicles, a towing service shall:

                                (1)           ensure that at least two wheels of the motor vehicle, front or rear, are clear of the highway;

                                (2)           use a cradle or bar to provide a rigid space between the motor vehicle and the tow truck; and

                                (3)           use a cradle or rigid bar without lifting the front or rear wheels if the total gross weight of the motor vehicle, including lading, exceeds ten thousand (10,000) pounds.

                C.            Prohibitions.  A towing service shall not:

                                (1)           pay or refund, directly or indirectly, any remuneration or anything of value to a private property owner or agent for the ability to perform nonconsensual tows on the private property;

                                (2)           transport a motor vehicle of any type by pushing;

                                (3)           transport a disabled motor vehicle on a dolly or other wheeled auxiliary device, except when the auxiliary device is specifically designed for, and used only for, the towing of disabled motor vehicles;

                                (4)           use a wheeled auxiliary device unless it is necessary to prevent further mechanical damage to the motor vehicle being moved;

                                (5)           use a wheeled auxiliary device unless the nature of the existing damage prohibits moving the motor vehicle in any other way.

[18.3.12.14 NMAC - Rp, 18.3.12.14 NMAC, 2-13-15]

 

18.3.12.15             SECUREMENT:  A towing service shall secure every towed motor vehicle to the towing vehicle in accordance with 49 CFR 393, Subpart F, Coupling Devices and Towing Methods, and Subpart I, Protection Against Shifting and Falling Cargo.

[18.3.12.15 NMAC - Rp, 18.3.12.15 NMAC, 2-13-15]

 

18.3.12.16             USE OF DOLLY OR SUPPLEMENTARY WHEELS:

                A.            A towing service shall not use a wheeled auxiliary device when such use could jeopardize the safety of the public.

                B.            Only class A and class B towing services may use dollies or supplementary wheels and then only when necessary.

                C.            Class C and class D towing services may use converter dollies when necessary to transport class C or class D motor vehicles.

                D.            A towing service may use a dolly when both ends of the motor vehicle to be towed are damaged or it is necessary to prevent further damage.

[18.3.12.16 NMAC - Rp, 18.3.12.16 NMAC, 2-13-15]

 

18.3.12.17             DISCONNECTION OF DRIVELINE:  A towing service may disconnect or remove the driveline from a motor vehicle to be towed when:

                A.            it is necessary to prevent mechanical damage to the motor vehicle; or

                B.            the motor vehicle's front end is so damaged, or for some other reason, it cannot be towed by lifting the rear end.

[18.3.12.17 NMAC - Rp, 18.3.12.17 NMAC, 2-13-15]

 

18.3.12.18             SAFETY CONSIDERATIONS:

                A.            Unsafe conditions.  A towing service is not obligated to transport shipments when, in the service's judgment, weather or road conditions make it impracticable or unsafe to operate.

                B.            Passengers prohibited.  No person, other than an employee of the towing service, shall ride in a disabled motor vehicle while it is being transported.

                C.            Chains or cable across highway.  A towing service shall not stretch or place any motor vehicles, cables or chains across any highway unless and until flagmen are placed a minimum distance of three hundred (300) feet from the obstruction in each direction along the highway to stop or warn approaching traffic.  A towing service shall equip flagmen with red flags during daylight hours and electric lanterns with red lights during hours of darkness.

[18.3.12.18 NMAC - Rp, 18.3.12.18 NMAC, 2-13-15]

 

18.3.12.19             SAFETY EQUIPMENT REQUIREMENTS:  All towing services must maintain the following safety equipment on each tow truck at all times for the described use:

                A.            flashing blue, amber or a combination of both colors of lights, front and rear, which shall be in operation whenever a towing service is standing on a roadway for the purpose of removing a motor vehicle and at all times while transporting a motor vehicle;

                B.            stop, tail, and turn signals on any motor vehicle in tow that can be operated from the towing vehicle;

                C.            spot lights that are capable of lighting the scene of disability after dark and additional spotlights or work lights positioned behind the cab of the towing service that can be used to illuminate the motor vehicle being serviced;

                D.            one (1) hand axe;

                E.            one (1) wrecking bar at least four (4) feet in length;

                F.            at least one (1) broom, one (1) shovel, and one (1) bag or container for removal of broken glass and debris from highway;

                G.            one (1) ten (10) unit type first-aid kit;

                H.            at least three (3) triangle-type reflectors;

                I.             at least six (6) electronic fuses, twenty five (25) minute flares, or reflective cones;

                J.             at least four (4) red signal flags (minimum dimensions - two feet by two feet (2' x 2'); and

                K.            at least one (1) charged fire extinguisher having a minimum capacity of ten (10) pounds of dry chemical capable of extinguishing class A, B and C fires.

[18.3.12.19 NMAC - Rp, 18.3.12.19 NMAC, 2-13-15]

 

18.3.12.20             DEADHEAD MILEAGE:  A towing service shall use deadheading only when it is not towing a motor vehicle to its base of operation or to a storage facility.  A towing service shall calculate deadhead miles as total miles less loaded miles.

                A.            Total mileage calculation.  Total mileage shall equal the sum of:

                                (1)           the miles from the base of operation to the loading pick up point;

                                (2)           the miles from the loading pick-up point to the destination; and

                                (3)           the miles from the destination back to the original base of operation.

                B.            Loaded miles calculation.  Loaded miles shall equal the number of miles from the loading pick-up point to the destination.

                C.            When charges optional.  A towing service may, but is not required to, assess deadhead charges during normal business hours and within municipal limits.

                D.            Excess deadhead charges.  A towing service shall assess excess deadhead charges for the entire distance when it is called to pull a stuck motor vehicle out of ice, snow, mud, or sand.  Excess deadhead charges shall be in addition to:

                                (1)           tariffed charges for the first mile or less, if the service can be rendered within thirty (30) minutes; or

                                (2)           hourly charges for accessorial services, if more than thirty (30) minutes is required to render the service.

[18.3.12.20 NMAC - Rp, 18.3.12.20 NMAC, 2-13-15]

 

18.3.12.21             TOWING MULTIPLE MOTOR VEHICLES IN ONE TRIP:  When a towing service tows two (2) or more disabled motor vehicles during one trip, it shall charge for the second and succeeding motor vehicles the day or night charge for the first mile or less, determined by the hour the service is requested, plus the deadhead mileage charge for each vehicle, provided that a towing service may not bill for the same mileage for unrelated tows.

[18.3.12.21 NMAC - Rp, 18.3.12.21 NMAC, 2-13-15]

 

18.3.12.22             ALTERED, MUTILATED, OR MISSING VEHICLE IDENTIFICATION NUMBER (VIN):  A towing service must notify the local law enforcement agency or the New Mexico state police in writing as soon as it discovers an altered, mutilated, or missing VIN on a motor vehicle in its custody, unless the motor vehicle has been impounded by a law enforcement officer aware of the altered, mutilated, or missing VIN.

[18.3.12.22 NMAC - Rp, 18.3.12.22 NMAC, 2-13-15]

 

18.3.12.23             STORAGE FACILITIES:  Towing service includes the storage of motor vehicles.  Towing service begins when the motor vehicle is entrusted to the towing service and ends when the towing service delivers the motor vehicle to the owner or the owner's agent.  Storage begins when the motor vehicle arrives at the storage facility and ends when the motor vehicle leaves the storage facility.

                A.            A towing service performing nonconsensual tows must maintain at least one (1) of the following classes of storage facility:

                                (1)           Type 1 - a fenced and locked area;

                                (2)           Type 2 - a fenced, lighted, and locked area; or

                                (3)           Type 3 - an enclosed, roofed and locked structure.

                B.            A towing service performing nonconsensual tows must either be located at the storage facility or must have a person working at the storage facility during normal business hours who is able to provide the services specified in Subsection A and Paragraphs (1) and (20 of Subsection B of 18.3.12.24 NMAC.

[18.3.12.23 NMAC - Rp, 18.3.12.23 NMAC, 2-13-15]

 

18.3.12.24             INSPECTION AND RELEASE OF TOWED MOTOR VEHICLES:

                A.            Motor vehicles ordered held for investigation.  If a law enforcement agency orders a towing service to hold a motor vehicle for investigation, the towing service shall not, without specific written authorization of the law enforcement agency:

                                (1)           allow the owner of the motor vehicle, the owner's agent, or a lienholder to inspect the motor vehicle or remove proof of ownership or personal property from the motor vehicle; or

                                (2)           release the motor vehicle to any person, including the owner, the owner's agent, or a lienholder.

                B.            Motor vehicles not held for investigation.

                                (1)           If a law enforcement agency does not order a motor vehicle to be held for investigation, the towing service shall allow the owner, the owner's agent, or the lienholder of the motor vehicle without charge, during normal business hours, to:

                                                (a)           inspect the motor vehicle;

                                                (b)           remove proof of ownership from the motor vehicle; or

                                                (c)           remove personal property from the motor vehicle if he or she presents proof of ownership.

                                (2)           The owner, the owner's agent, or the lienholder of a stored motor vehicle that has not been ordered held for investigation may obtain possession of the motor vehicle by paying all just and reasonable charges and providing proof of ownership:

                                                (a)           as a matter of right, during normal or extended business hours; or

                                                (b)           at the option of the towing service, during non-business hours; if a towing service elects to deliver a motor vehicle during non-business hours, it must assess the tariffed administrative charge for such delivery.

                C.            If the owner, the owner's agent, or the lienholder of a motor vehicle disputes any of the charges for towing or storage, or feels the motor vehicle was illegally towed, the towing service shall furnish to the disputant a written statement containing the name, address, and telephone number of the consumer relations division of the commission and advising the disputant that he or she may file a complaint with the commission as provided by applicable commission rules.  The written statement shall be in substantially the following form:  “If you have a dispute with the towing service regarding charges for towing or storage, and are not satisfied with the solution offered by the towing service, you may file a complaint with the consumer relations division of the public regulation commission in writing at P.O. Box 1269, Santa Fe, New Mexico, 87504-1269 or by calling the commission’s toll-free number 1-888-427-5772, or via email, crd.complaints@state.nm.us.”

                D.            Towing services may accept payment in cash or by credit card or by check.  Towing services shall post in a conspicuous location at their place of business which alternative form of payment, credit card or check, is accepted.

[18.3.12.24 NMAC - Rp, 18.3.12.24 NMAC, 2-13-15]

 

18.3.12.25             [RESERVED]

 

18.3.12.26             NOTICE TO OWNERS OF TOWED MOTOR VEHICLES:

                A.            Identification of owner.

                                (1)           On site.  Before a towing service tows a motor vehicle, it shall request ownership information from the authorizing law enforcement officer on scene.

                                (2)           From the storage facility.  If a towing service has not already obtained ownership information on a motor vehicle, it shall obtain the name and address of the registered owner and any lienholder of the motor vehicle.

                                                (a)           If the motor vehicle has New Mexico plates, the towing service shall request ownership information within three (3) business days after the motor vehicle comes into its possession.

                                                (b)           If the motor vehicle has out-of-state plates or the towing service has other reason to believe that the motor vehicle is registered in a state other than New Mexico, the towing service must request the information from the appropriate agency of that state within three (3) business days after the motor vehicle comes into its possession.

                                (3)           Documentation.

                                                (a)           Information requested from the Motor Vehicle Division of any state.  A towing service shall retain in its files a photocopy of MVD Form 10705, Vehicle or Hull Identification Number Verification, indicating the date ownership and lienholder information was requested and a copy of any document received in response.

                                                (b)           Information requested from other sources.

                                                                (i)            Electronically.  A towing service shall print out and retain in its files a copy of the ownership and lienholder information shown on the computer screen, notated with the name of the person making the request and the date and time the request was made.

                                                                (ii)           By other means.  A towing service shall maintain a record in its files indicating the name of the person requesting ownership and lienholder information, the source from which the information was requested, and the date and time the information was requested, and a copy of any document received from the source in response.

                B.            Notification of owner.

                                (1)           Within two (2) business days of receiving information identifying the registered owner or any lienholder of the motor vehicle, the towing service shall notify the registered owner and the lienholder, if any, that the towing service has the motor vehicle in its possession.

                                (2)           The towing service shall use MVD Form 10058, notice of mechanic’s or landowners’ lien, and shall mail the notice by certified mail, return receipt requested, to the registered owner and the lienholder, if any.

                                (3)           This requirement applies even if the VIN is altered, mutilated, or missing.

                C.            Penalty for failure to comply with this section.  A towing service shall not collect any charges or liens for storage of an unclaimed motor vehicle if it fails to either:

                                (1)           request ownership information within three (3) business days after a motor vehicle comes into its possession; or

                                (2)           mail notice to the registered owner and any lienholder within two (2) business days of receipt of ownership information.

                D.            Exception.  A towing service shall not be required to give the notice required by Subsection B of this section to the owner if, before the notice is required to be sent, the owner of the motor vehicle identifies himself to the towing service and makes any arrangement the towing service deems necessary for the payment of the towing and storage charges.  However, the towing service shall still be required to give the notice to the lienholder of the motor vehicle.

[18.3.12.26 NMAC - Rp, 18.3.12.26 NMAC, 2-13-15]

 

18.3.12.27             TOWING SERVICE RESPONSIBILITY:  A towing service shall be responsible for:

                A.            removing debris at the scene of an accident whether or not specifically directed to do so by law enforcement authorities; and

                B.            the safekeeping and delivery of a motor vehicle and its contents entrusted to it or which come into its custody in the course of its authorized operations.

[18.3.12.27 NMAC - Rp, 18.3.12.28 NMAC, 2-13-15]

 

18.3.12.28             RECORDS:  A towing service shall maintain for a period of three (3) years complete and permanent records of income, photographs, tow bills, and any other documentation required by this rule for non-consensual tows separate and apart from any other towing services and from any other business conducted by the towing service.

[18.3.12.28 NMAC - Rp, 18.3.12.29 NMAC, 2-13-15]

 

18.3.12.29             TOWING SERVICES WITH MULTIPLE STORAGE FACILITIES:  A towing service may apply to operate with multiple storage facilities by completing the application form prescribed by the director.  The director shall approve the application if it contains the name of the towing service, the warrant number, the mailing address of the new storage facility, the physical address of the new storage facility, and a list of the equipment the towing service will station at the new storage facility.  A towing service performing non-consensual tows shall transport towed vehicles to the nearest storage facility.

[18.3.12.29 NMAC - N, 2-13-15]

 

HISTORY OF 18.3.12 NMAC:

Pre-NMAC history.  The material in this rule was previously filed with the State Records Center as:

SCC 68-16, N.M. Motor Carrier Act, Rules and Regulations, effective Sept. 1, 1967, filed on 3-14-68;

SCC 71-6, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9-21-71;

SCC 72-12, N.M. Wrecker Tariff No. 1-B, Issued September 29, 1969, filed on 10-2-72;

SCC 73-1, N.M. Motor Carrier Act, Rules and Regulations, filed on 6-14-73;

SCC 74-1, N.M. Motor Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2-5-74;

SCC 75-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4-17-75;

SCC 75-3, N.M. Motor Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9-19-75;

SCC 76-1, N.M. Motor Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4-15-76;

SCC 77-1, N.M. Motor Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1-25-77;

SCC 77-3, N.M. Wrecker Tariff No. 1-D, Issued July 1, 1976, filed on 6-6-77;

SCC 79-2, N.M. Wrecker Tariff No. 3-D, Issued April 15, 1979, filed on 5-25-79;

SCC 86-4, In the Matter of Minimum Specifications for Wreckers-General Order No. 42 (1986 Revision), filed 9-29-86;

SCC 92-4-TR, New Mexico Wrecker Rules, filed on 7-29-92;

SCCMC Rule No. 14, Equipment Required on Certain Vehicles, filed on 3-5-82;

SCC Rule 202, Definitions, filed on 1-5-93;

SCC Rule 267, Wrecker Services, filed on 1-5-93.

 

HISTORY OF REPEALED MATERIAL:

SCC Rule 202, Definitions, filed on 1-5-93;

SCC Rule 267, Wrecker Services, filed on 1-5-93.

18.3.12 NMAC, Motor Carrier General Provisions - Towing Service, filed 12-10-02, repealed 2-13-15