(b) The tow facility shall:

1. (1) Complete in its entirety the application for a heavy-duty motor vehicle incident management tow facility, which includes an on-site inspection by an investigator or the Director of the Arkansas Towing and Recovery Board;
2. (2) Comply with all applicable state and federal laws for a tow business operating in the State of Arkansas; and

3. (3) Have at least one (1) person (owner, partner, or employee) who has proof of:

   1. (A) Documented training through a nationally recognized towing and recovery program in heavy-duty on-scene recovery techniques; or
   2. (B) Five (5) years or more experience in the towing and recovery of heavy-duty vehicles that can be verified.

(d) A tow vehicle used in the towing or recovery by a heavy-duty motor vehicle incident management tow facility shall:

1. (1) Meet the criteria in the Required Tow Vehicle and Equipment List established by the board;
2. (2) Successfully pass a tow vehicle safety inspection administered by board staff including proof of safety inspection by the Arkansas Highway Police Division of the Arkansas Department of Transportation for the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and
3. (3) Comply with all other applicable state and federal laws.

(e)

1. (1) The tow vehicle or vehicles and equipment described in:

   1. (A) Subsection (f) of this section shall be accessible for use at all times through ownership;
   2. (B) Subsection (g) of this section may be shared with other licensed tow facilities located within a reasonable distance with a common ownership if accessible within thirty (30) minutes; or
   3. (C) Subsection (h) of this section may be available through contract on a twenty-four (24) hours per day, seven (7) days per week basis if accessible within thirty (30) minutes and located within a reasonable distance.
2. (2) Each heavy-duty motor vehicle incident management tow facility shall independently satisfy the requirements of subsections (e) – (h) of this section.

(f) Items requiring ownership shall include:

1. (1) For tow vehicles, trailers, and other support vehicles:

   1. (A)

(i) Two (2) heavy-duty tow and recovery vehicles with a combined integrated unit capacity rating of seventy (70) tons established by the manufacturer’s specifications, including without limitation gross vehicle weight rating, boom capacity, winch rating, wheel lift capacity, and wheelbase, all noted on the data plate of the unit.

1. (ii) A rotator may be substituted for one (1) of the tow vehicles;

   1. (B) A medium-duty rollback or other similarly configured equipment, such as a trailer, that could be used instead;
   2. (C) A support vehicle, service truck, or other vehicle capable of transporting equipment and supplies to the scene in a timely manner; and
   3. (D) A skid steer or tractor with a front-loaded bucket and forks; and

2. (2) For equipment and supplies:

   1. (A) Shovel or shovels;
   2. (B) Broom or brooms;
   3. (C) Crowbar or crowbars;
   4. (D) Bolt cutter or cutters;
   5. (E) Pike bar;
   6. (F) Sledgehammer or sledgehammers;
   7. (G) Snatch blocks, four (4) on each truck;
   8. (H) Hydraulic jack or jacks and one (1) twenty-ton mat jack, a high-pressure lift jack;
   9. (I) Ladder, twenty feet (20’) Type 1A OSHA Standard;
   10. (J) Wheel chocks;
   11. (K) Hand truck;
   12. (L) Pallet jack;
   13. (M) Transfer pump, twenty gallons (20 gal.) per minute minimum;
   14. (N) Two (2) fifty-five-gallon drums;
   15. (O) Brake release kit;
   16. (P) Full set of tools, standard and metric;
   17. (Q) Transport chains and binders;
   18. (R) Miscellaneous chains and straps for recovery;
   19. (S) Hardwood cribbing and angle irons of various sizes;
   20. (T) Heavy-duty flashlights;
   21. (U) Acetylene/oxygen torch with tanks;
   22. (V) Portable air compressor or other means of continuous air supply;
   23. (W) Chop saw;
   24. (X) Impact wrench with sockets; and
   25. (Y) Light plant or truck mounted auxiliary flood lights.

(g) Items that may be shared with other tow facilities with common ownership located within a reasonable distance and that can be accessed within thirty (30) minutes or less shall include, for tow vehicles, trailers, and other support vehicles:

1. (1) Sliding or traveling axle trailer such as a Landoll or a heavy-duty low boy trailer or a heavy-duty construction trailer; and
2. (2) Box trailer for purposes of transloading cargo and the power unit to move the trailer to the scene.

(h) Items that may be rented on a twenty-four (24) hours per day, seven (7) days per week basis if located within a reasonable distance and accessible within thirty (30) minutes or less shall include, for tow vehicles, trailers, and other support vehicles:

1. (1) Rough terrain forklift;
2. (2) Standard forklift;
3. (3) Track hoe;
4. (4) Dumpsters and hoppers;
5. (5) Dump truck; and

6. (6) Forty-yard roll-offs.

   1. (i) For the safety of on-scene personnel, each person working on scene should have personal protective equipment and the tow business shall meet the safety standards of the 2009 Edition, Manual on Uniform Traffic Control Devices, Section 6D.03 Worker Safety Considerations, Standard 04, including:
7. (1) High-visibility apparel meeting Performance Class 2 or 3 requirements of the ANSI/ISEA 107-2004 publication entitled “American National Standard for High-Visibility Safety Apparel and Headwear” (see Section 1A.11), or equivalent revisions, and labeled as meeting the ANSI 107-2004 standard performance for Class 2 or 3 risk exposure;
8. (2) Eye protection;
9. (3) Head protection;
10. (4) Foot protection; and
11. (5) Hand protection.

(j) A law enforcement agency may utilize any properly licensed tow facility to respond to an incident when:

1. (1) Response time is of the essence; and
2. (2) A heavy-duty motor vehicle incident management tow facility is not available in or near the local area.

(k) A heavy-duty motor vehicle incident management tow facility shall perform in a manner that reflects the intent of this section to:

1. (1) Maintain or reestablish traffic flow as quickly as reasonable;
2. (2) Enable commerce; and

3. (3) Protect the safety and well-being of the motoring public.

   1. (l)
4. (1) Poor or inadequate on-scene performance by a heavy-duty motor vehicle incident management tow facility resulting in lengthy lane closures or unreasonable clean-up times may result in the suspension or revocation of its enhanced license.

5. (2) Criteria for a final determination shall include:

   1. (A) Inability to access tow vehicles or equipment required for the issuance of an enhanced heavy-duty tow license in a timely manner;
   2. (B) Improper maintenance of tow vehicles or equipment resulting in poor performance and unnecessary time delays;
   3. (C) Demonstrating inadequate performance due to a lack of training by the owner, partner, or employee in accordance with subsections (b) and (c) of this section; and

   4. (D) Lack of personnel to operate tow vehicles or utilize equipment in a timely manner.

      1. (m) A tow business shall not be held accountable for any delay prior to the accident scene being turned over to its care or instructions or requests that may be made by law enforcement or other on-scene state or federal agencies with additional requirements for recovery or clean-up.