Current through Register Vol. 35, No. 18, September 24, 2024
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.
Storage Facility: A towing
service that performs nonconsensual tows must maintain at least one 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.
Office Location: A towing
service that performs nonconsensual tows must have its office located either
within or in the immediate vicinity of the storage facility. For purposes of
this rule, "immediate vicinity" means the area within one mile measured as the
straight line distance between the property line of the storage facility and
the property line of the property within which the office is located.
C.
Staffing and Access:
(1) A towing service that performs trespass
tows must have a person working in an office that is within or in the immediate
vicinity of the storage facility during normal business hours who is able to
provide the services specified in Subsections A and B of
18.3.12.24 NMAC.
(2) A towing service that performs public
directive tows must have a person working at, or available to meet with the
public at, the storage facility or the office in the immediate vicinity of the
storage facility by appointment during normal business hours within two hours
from the time of telephone call requesting an appointment, who is able to
provide the services specified in Subsections A and B of
18.3.12.24 NMAC.
D.
Required
Signage:
(1) The
office of a towing service shall have prominent signage which may be read by a
person in a passing vehicle, providing the name, address and contact telephone
number of the towing service. If the office is not located within the storage
facility, the office signage shall also include the address of the storage
facility.
(2) If the storage
facility is not located where the towing service office is located, the storage
facility shall have prominent signage which may be read by a person in a
passing vehicle, providing the name of the towing service, the address of the
storage facility, the address of the towing service office, and the contact
telephone number of the towing service.
E.
Lists or Logs of Nonconsensually
Towed Vehicles:
(1) A towing service
that performs nonconsensual tows must maintain the following records in
addition to all other records required by rule:
(a) a list or log of each and all vehicles
currently held in the storage yard which were towed to the storage yard as the
result of a trespass tow; and
(b) a
list or log of each and all vehicles currently held in the storage yard which
were towed to the storage yard as the result of a public directive
tow.
(2) Each list or
log required in this rule shall be available to provide to an employee of the
transportation division of the department or for transmission to the
transportation division of the department upon the request or directive of an
employee of the transportation division of the department. Each list or log
shall contain, for each vehicle required to be listed:
(a) a description of the vehicle, including
the make, model, model year, color and vehicle identification number;
(b) the date that the vehicle was towed to
the storage yard;
(c) whether the
owner of the vehicle or a representative of the owner has been allowed access
to the vehicle, and if so, the name of the person allowed access and the date
of each access; and
(d) whether the
vehicle has been legally abandoned, surrendered or transferred for charges by
the owner, and, if so, the type and date of legal transfer.
