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.

[18.3.12.1 NMAC - N, 12-30-02]

 

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, SCC Rule 267.01, 12-30-02]

 

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

[18.3.12.3 NMAC - N, 12-30-02; A, 1-1-05]

 

18.3.12.4               DURATION:  Permanent.

[18.3.12.4 NMAC - N, 12-30-02]

 

18.3.12.5               EFFECTIVE DATE:  December 30, 2002, unless a later date is cited at the end of a section.

[18.3.12.5 NMAC - N, 12-30-02]

 

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 - N, 12-30-02]

 

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

                A.            abandoned motor vehicle has the meaning given in NMSA 1978 Section 66-1-4.1;

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

                C.            normal business hours means nine consecutive hours from 8:00 a.m. to 5:00 p.m. on every weekday excluding holidays;

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

                E.            proof of ownership means a certificate of title or evidence of current registration of a motor vehicle and sufficient other documentation to identify an individual as the person described in the documents or as the person's agent;

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

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

[18.3.12.7 NMAC - Rp, SCC Rule 202.03, 12-30-02; A, 1-1-05]

 

18.3.12.8               MINIMUM EQUIPMENT STANDARDS:

                A.            A towing service shall be equipped with 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.

                B.            The director may approve the use of non-guaranteed quality winches or towing equipment if the owner submits an application for use of such equipment, accompanied by a verified statement from a reputable testing laboratory regularly engaged in the testing of the same equipment certifying that the capacity of the winch or towing equipment is not less than that mandated for the class of tow truck with which it will be used.  The towing service shall bear all costs of testing and certification.

[18.3.12.8 NMAC - Rp, SCC Rule 267.03, 12-30-02]

 

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 8,000 pounds;

                B.            Class B - operating authority for towing between 8,001 and 12,000 pounds;

                C.            Class C - operating authority for towing between 12,001 and 25,000 pounds;

                D.            Class D - operating authority for towing 25,001 pounds and over.

[18.3.12.9 NMAC - Rp, SCC Rule 267.04, 12-30-02]

 

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 8,000 pounds.

                A.            Tow truck specifications.

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

                    (2)     Minimum of 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, underreach, or roll-back vehicle carrier.

                C.            Vehicle carrier truck specifications.

                    (1)     GVW of not less than 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 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, SCC Rule 267.05, 12-30-02; A, 1-1-05]

 

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 8,001 pounds, but shall not exceed 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 11,000 pounds;

                    (2)     Minimum of 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, underreach, or roll-back vehicle carrier.

                C.            Vehicle carrier truck specifications.

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

                    (2)     Minimum of 108" cab to axle length;

                    (3)     Dual rear wheels;

                    (4)     Automatic or manual transmission.

                D.            Vehicle carrier bed specifications.

                    (1)     Minimum of 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, SCC Rule 267.06, 12-30-02]

 

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 12,001 pounds, but shall not exceed 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 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, underreach, 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, SCC Rule 267.07, 12-30-02]

 

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 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)     GVW rating of not less than 49,000 pounds;

                    (2)     Manual transmission;

                    (3)     Dual axle (tandem) rear wheels;

                    (4)     Minimum of 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, underreach, 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, SCC Rule 267.08, 12-30-02]

 

18.3.12.14             MOVING MOTOR VEHICLES:

                A.            Written authorization required.

                    (1)     Damaged or disabled motor vehicles.  No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle which has been damaged or disabled in an accident without having first obtained written authorization from a law enforcement officer, 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 for which he is employed.

                    (2)     Abandoned motor vehicles.  No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle which a New Mexico law enforcement agency has determined has been abandoned on public or private property or has deemed abandoned pursuant to NMSA 1978 Section 66-7-350, without having first obtained written authorization from:

                              (a)     a law enforcement officer if the motor vehicle is abandoned on public property; or

                              (b)     the owner or agent of private property if the motor vehicle is abandoned on private property; written authorization shall include the name of the owner of the property, the name of the agent of the property 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.

                    (3)     Motor vehicles whose driver has been arrested.  No towing service shall attach hoisting or towing devices or move, tow or molest in any way, any motor vehicle when a law enforcement officer has arrested the driver without having first obtained written authorization from a law enforcement officer.

                    (4)     Illegally parked motor vehicles.  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:

                              (a)     a law enforcement officer if the motor vehicle is illegally parked on public property; or

                              (b)     the owner or agent of the private property if the motor vehicle is illegally parked on private property; written authorization shall include the name of the owner of the property, the name of the agent of the property 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.

                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)     transport a motor vehicle of any type by pushing;

                    (2)     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;

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

                    (4)     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, SCC Rule 267.09, 12-30-02; A, 1-1-05]

 

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 - N, 12-30-02]

 

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, SCC Rule 267.10, 12-30-02; A, 1-1-05]

 

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, SCC Rule 267.11, 12-30-02]

 

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, SCC Rule 267.12, 12-30-02]

 

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) twenty-minute flares;

                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, SCC Rule 267.13, 12-30-02]

 

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, SCC Rule 267.15, 12-30-02]

 

18.3.12.21             TOWING MULTIPLE MOTOR VEHICLES IN ONE TRIP:  When a towing service tows two 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, SCC Rule 267.19, 12-30-02]

 

18.3.12.22             ALTERED, MUTILATED, OR MISSING 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, SCC Rule 267.20, 12-30-02]

 

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 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.            A towing service 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 (2) of subsection B of 18.3.12.24 NMAC.

[18.3.12.23 NMAC - Rp, SCC Rule 267.21, 12-30-02; A, 1-1-05]

 

18.3.12.24             INSPECTION AND RELEASE OF TOWED MOTOR VEHICLES:

                A.            Motor vehicles held for lack of financial responsibility.  If a law enforcement agency orders a towing service to hold a motor vehicle for lack of proof of financial responsibility, the towing service shall not release the motor vehicle without a release from the jurisdiction that created the hold.

                B.            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.

                C.            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.

                D.            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 1-800-947-4722.”

[18.3.12.24 NMAC - Rp, SCC Rule 267.23, 12-30-02; A, 1-1-05; A, 10-31-11]

 

18.3.12.25             [Reserved]

[18.3.12.25 NMAC - Rp, SCC Rule 267.22, 12-30-02; Repealed, 1-1-05]

 

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 five (5) 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 five (5) 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 from MVD and a copy of any document received from MVD 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 Landowner’s 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 five (5) 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, SCC Rule 267.23, 12-30-02; A, 1-1-05]

 

18.3.12.27             DISPOSAL OF UNCLAIMED AND ABANDONED MOTOR VEHICLES:  Before a towing service may dispose of an unclaimed or abandoned motor vehicle, it must comply with the requirements in NMSA 1978 Chapter 66, Article 3, Part 2, Transfer of Title or Interest, and perfect it’s lien using the MVD “Special Title Procedures for Towing Lien Process” or “Special Title Procedures for Mechanic’s, Landlords, Storage or Abandoned Vehicle Lien Process.”

[18.3.12.27 NMAC - Rp, SCC Rule 267.24, 12-30-02; A, 1-1-05]

 

18.3.12.28             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.

[18.3.12.28 NMAC - N, 12-30-02; A, 1-1-05]

 

18.3.12.29             INCOME AND EXPENSE RECORDS:  A towing service shall maintain complete and permanent records of income and costs of operation for non-consensual tows performed in New Mexico separate and apart from any other towing services and from any other business conducted by the towing service.

[18.3.12.29 NMAC - N, 12-30-02]

 

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.