(a) All tow vehicles that are in use by a towing business shall:

1. (1) Hold a current motor vehicle registration certificate and have evidence of such properly displayed on the tow vehicle, e.g., state license plate;
2. (2) Comply with all motor vehicle laws enacted by the State of Arkansas and all Arkansas Department of Transportation and Department of Finance and Administration rules applicable thereto;
3. (3) Maintain a valid tow business license number permanently affixed and a tow vehicle safety permit issued by the Arkansas Towing and Recovery Board for that tow vehicle displayed on the lower portion, driver’s side, of the tow vehicle’s windshield; and
4. (4) If applicable, comply with the additional tow vehicle and equipment standards found in 27 CAR § 170-115 for the enhanced nonconsent heavy-duty tow license.

(b)

1. (1) All tow vehicles as defined in this part that operate on Arkansas’s roadways shall have the following minimum equipment installed on board or displayed:

   1. (A) Fire extinguisher or extinguishers, ABC type, total capacity of not less than five pounds (5 lbs.);
   2. (B) Amber flashing light or lights visible within a three hundred sixty-degree rotation around the tow vehicle and visible in bright sunlight;
   3. (C) Tail, turn, and stop lights attached, or to be attached, to the towed or towing vehicle that are visible from the rear;
   4. (D) Safety chains, straps, or both to secure the towed vehicle to the towing vehicle when towing or otherwise transporting vehicles on roadways;
   5. (E) Flares, reflective cones, reflective triangle safety signals, or other similar safety devices;
   6. (F)

(i) Shovel and broom for removing debris from the roadway.

1. (ii) Mandatory only for tow vehicles used in accident recovery.

   1. (iii) Provided, however, no tow vehicle shall respond to an accident scene along a public roadway without a broom and shovel on board;

   2. (G)

      1. (i) The name and telephone number of the towing business displayed and permanently affixed by paint or decal on each side of the tow vehicle along with the permanent business license number assigned by the board, e.g., ATRB9999, not less than two inches (2”) in height so that it is visible and legible from a distance of fifty feet (50’).
      2. (ii) Magnetic signs not permanently affixed are not allowed;

   3. (H)

      1. (i) Light and air brake hookups.
      2. (ii) Required only on tow vehicles being designated “heavy duty” for the purpose of this part and capable of towing semi-truck and trailer vehicles; and
   4. (I) Safety straps for wheel lift equipment as required by the equipment manufacturer for securing the towed vehicle to the towing vehicle.

2. (2) Tow vehicles equipped with winches and used for recovery, hoisting, or both, or for towing a vehicle during transport, shall have a winch with an eight-thousand-pound minimum capacity and a minimum three-eighths inch (3/8”) diameter cable size, provided:

   1. (A) Winch capacity and cable size shall increase proportionately with gross vehicle weight rating increase; and
   2. (B) Come-a-long, chain, or other similar device shall not be used as a substitute for winch and cable.

3. (3)

   1. (A) Except as provided in subdivision (b)(3)(B) of this section, a tow vehicle used for hoisting, towing a vehicle during recovery, or transport shall be equipped with dual rear wheels and shall be rated at a minimum of nine thousand pounds (9,000 lbs.) gross vehicle weight rating.
   2. (B) The owner of a tow vehicle for which the board issued a tow vehicle safety permit on or before January 1, 1995, and for which renewal permits have been issued regularly thereafter, is exempt from the dual wheel and nine thousand pounds (9,000 lbs.) gross vehicle weight rating requirements as long as ownership of the tow vehicle does not change and regular renewals continue to be issued by the board.

4. (4)

   1. (A)

      1. (i) Except as provided in subdivision (b)(4)(A)(ii) of this section, a tow vehicle used as a heavy-duty tow vehicle as defined by subsection (d) of this section shall be equipped with tandem rear axles and equipped with an underlift device rated at no less than twelve thousand pounds (12,000 lbs.) at full extension.
      2. (ii) The owner of a heavy-duty tow vehicle for which the board issued a tow vehicle safety permit on or before January 1, 2007, shall be exempt from this requirement as long as ownership of the tow vehicle does not change and regular renewals continue to be issued by the board.
   2. (B) Any tow vehicle used as a heavy-duty vehicle without an underlift shall not be utilized as a primary tow vehicle for nonconsent towing, but may be utilized by a nonconsent towing business in conjunction with other services rendered as part of nonconsent towing, provided, however, any usage in conjunction with nonconsent towing shall have coverage in compliance with the insurance requirements of 27 CAR § 170-109 and shall display a current consent tow vehicle safety permit issued by the board.

5. (5)

   1. (A)

      1. (i) Except as provided in subdivision (b)(5)(A)(ii) of this section, a tow vehicle used as a medium-duty tow vehicle as defined by subsection (d) of this section, excluding rollback tow vehicles, shall be equipped with an underlift device rated at no less than six thousand five hundred pounds (6,500 lbs.) at full extension.
      2. (ii) The owner of a medium-duty tow vehicle for which the board issued a tow vehicle safety permit on or before January 1, 2007, shall be exempt from this requirement as long as ownership of the tow vehicle does not change and regular renewals continue to be issued by the board.

   2. (B) Any tow vehicle used as a medium-duty vehicle without an underlift shall not be utilized as a primary tow vehicle for nonconsent towing, but may be utilized by a nonconsent towing business in conjunction with other services rendered as part of nonconsent towing, provided, however, any usage in conjunction with nonconsent towing shall have coverage in compliance with the insurance requirements of 27 CAR § 170-109 and shall display a current consent tow vehicle safety permit issued by the board.

      1. (c) Each towing business and tow business operator shall use all of the tow business’s equipment knowledgeably and safely.
      2. (d)

6. (1)

   1. (A) For purposes of this part, tow vehicles shall be classified by gross vehicle weight rating (GVWR) as follows:

      1. (i) Light duty, nine thousand pounds (9,000 lbs.) to fifteen thousand pounds (15,000 lbs.) GVWR;
      2. (ii) Medium duty, fifteen thousand one pounds (15,001 lbs.) to thirty-three thousand pounds (33,000 lbs.) GVWR; and
      3. (iii) Heavy duty, thirty-three thousand one pounds (33,001 lbs.) or more GVWR.
   2. (B) The owner or operator of any light-duty, medium-duty, or heavy-duty tow vehicle shall observe applicable gross vehicle weight ratings when transporting or attempting to transport vehicles on public roadways of the State of Arkansas.

7. (2)

   1. (A) A vehicle used in conjunction with a trailer, dolly, or other separately hitched towing-related device to transport or otherwise facilitate the movement of vehicles on public roadways is not a “tow vehicle” as defined in Arkansas Code § 27-50-1202(12).

   2. (B) A trailer shall not be used to transport or otherwise facilitate the movement of vehicles on public roadways unless both the vehicle towing the trailer and the trailer comply with all motor vehicle laws enacted by the State of Arkansas and all Arkansas Department of Transportation and Department of Finance and Administration rules applicable thereto, including, but not limited to:

      1. (i) Registration;
      2. (ii) Lighting; and
      3. (iii) Braking.
   3. (C) A vehicle towing a trailer shall have liability insurance covering injury and damage meeting minimum financial responsibility laws of the State of Arkansas.

   4. (D)

      1. (i) The weight distribution on a vehicle towing a trailer and on the trailer shall be stable during transport.
      2. (ii) In the absence of evidence to the contrary, the weight distribution shall be considered stable when:

(b) (b) The laden weight of the trailer does not exceed the gross trailer weight rating of the trailer; and

1. (c) (c) No axle of the vehicle towing the trailer carries a weight in excess of the gross axle weight rating for that axle.

   1. (E) A trailer, dolly, or other separately hitched towing-related device shall not be utilized as a primary tow vehicle for nonconsent towing, but may be utilized by a nonconsent towing business in conjunction with other services rendered as part of nonconsent towing if any usage in conjunction with nonconsent towing has coverage in compliance with the insurance requirements of 27 CAR § 170-109.

(e) Any towing business that adds a tow vehicle or vehicle immobilization device into service shall within ten (10) business days:

1. (1) Notify the board’s staff of the year, make, and type, e.g., wrecker, rollback, hauler, etc.;
2. (2) Send to the board’s staff from the licensee’s insurance carrier an amended certificate of insurance reflecting the addition has been added to present coverage;
3. (3) Have the addition inspected pursuant to 27 CAR § 170-106(c), if applicable; and
4. (4) Submit to the board’s staff a timely application for a tow vehicle safety permit and any other required permit.

(h) Each vehicle immobilization device shall have:

1. (1) The company name, phone numbers, and serial number of the vehicle immobilization or nonconsent towing/storage business permanently affixed in a legible manner; and
2. (2) A high visibility color.