1. (1) As used in this section:

   1. (a) "Abandoned" means a vehicle, vessel, or outboard motor for which a party described in Subsection 41-6a-1406(6)(a) with an interest in the vehicle, vessel, or outboard motor does not, within 30 days after the day on which notice is issued that the vehicle, vessel, or outboard motor was towed by a towing entity:

      1. (i) pay the relevant fees; and
      2. (ii) remove the vehicle, vessel, or outboard motor from the secure storage facility.
   2. (b) "Towing dispatch vendor" means the same as that term is defined in Section 53-1-106.2.

2. (2)

   1. (a) Notwithstanding any other provision of law, a political subdivision of this state may not enact or enforce any ordinance, regulation, or rule pertaining to a tow truck motor carrier, tow truck operator, or tow truck that:

      1. (i) conflicts with:

         1. (A) any provision of this part;
         2. (B) Section 41-6a-1401;
         3. (C) Section 41-6a-1407; or
         4. (D) rules made by the department under this part; or
      2. (ii) imposes a maximum rate that deviates from the maximum rates set in rules made by the department in accordance with Subsection 72-9-603(16).

   2. (b) A county or municipal legislative governing body may not charge a fee for the storage of an impounded vehicle, vessel, or outboard motor if the county or municipality:

      1. (i) is holding the vehicle, vessel, or outboard motor as evidence; and
      2. (ii) will not release the vehicle, vessel, or outboard motor to the registered owner, lien holder, or the owner's agent even if the registered owner, lien holder, or the owner's agent satisfies the requirements to release the vehicle, vessel, or outboard motor under Section 41-6a-1406.
3. (3) A tow truck motor carrier that has a county or municipal business license for a place of business located within that county or municipality may not be required to obtain another business license in order to perform a tow truck service in another county or municipality if there is not a business location in the other county or municipality.
4. (4) A county or municipal legislative or governing body may not require a tow truck motor carrier, tow truck, or tow truck operator that has been issued a current, authorized towing certificate by the department, as described in Section 72-9-602, to obtain an additional towing certificate.

5. (5) A county or municipal legislative body may require an annual tow truck safety inspection in addition to the inspections required under Sections 53-8-205 and 72-9-602 if:

   1. (a) no fee is charged for the inspection; and
   2. (b) the inspection complies with federal motor carrier safety regulations.

6. (6)

   1. (a) A tow truck shall be subject to only one annual safety inspection under Subsection (5)(b).
   2. (b) A county or municipality that requires an additional annual safety inspection shall accept the same inspection performed by another county or municipality.

7. (7)

   1. (a) A towing entity may charge a fee to cover costs associated with dispatching for towing operations.
   2. (b) The fee described in Subsection (7)(a) may not exceed 50% of the administrative fee described in Subsection 72-9-603(16)(d).
   3. (c) In addition to fees set by the department in rules made in accordance with Subsection 72-9-603(16), a tow truck operator or a tow truck motor carrier may pass through a fee described in this Subsection (7) to owners, lien holders, or insurance providers of towed vehicles, vessels, or outboard motors.

8. (8)

   1. (a) In addition to the fees described in Subsection (7), a tow truck operator or tow truck motor carrier may charge an additional fee to absorb unrecovered costs of abandoned vehicles related to the fees described in Subsection (7)(a).
   2. (b) A tow truck operator or tow truck motor carrier may charge a fee described in Subsection (8)(a) in an amount not to exceed an amount greater than 40% of the fee described in Subsection (7)(a).
   3. (c) A tow truck operator or tow truck motor carrier shall include on the towing invoice a separate line showing the combined total of the fees described in Subsection (7) and this Subsection (8).
9. (9) A towing entity may not require a tow truck operator who has received an authorized towing certificate from the department to submit additional criminal background check information for inclusion of the tow truck motor carrier on a rotation.
10. (10) If a tow truck motor carrier is dispatched as part of a towing rotation, the tow truck operator that responds may not respond to the location in a tow truck that is owned by a tow truck motor carrier that is different than the tow truck motor carrier that was dispatched.
11. (11) If a towing entity receives a notice from the department as described in Subsection 72-9-602(6), the towing entity shall remove the tow truck motor carrier from the towing entity's towing rotation, contract, or request for proposal as provided in the notice from the department.
12. (12) A towing entity may not contract with a towing dispatch vendor that requires a tow truck motor carrier or tow truck operator to manipulate a wireless communication device in violation of Section 41-6a-1716.
13. (13) A towing entity or towing dispatch vendor may not require a tow truck motor carrier or tow truck operator to provide or enter information into a database other than a database described in Section 41-6a-1406.

Amended by Chapter 432, 2026 General Session