TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 3 MOTOR CARRIER
GENERAL PROVISIONS
PART 12 TOWING
SERVICES
18.3.12.1 ISSUING
AGENCY: New Mexico Department of Transportation.
[18.3.12.1 NMAC - Rp, 18.3.12.1 NMAC, 7/1/2024]
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, 18.3.12.2 NMAC, 7/1/2024]
18.3.12.3 STATUTORY
AUTHORITY: Sections 8-8-4 and 65-2A-4 NMSA 1978.
[18.3.12.3 NMAC - Rp, 18.3.12.3 NMAC, 7/1/2024]
18.3.12.4 DURATION:
Permanent.
[18.3.12.4 NMAC - Rp, 18.3.12.4 NMAC, 7/1/2024]
18.3.12.5 EFFECTIVE
DATE: July 1, 2024, unless a later date is cited at the end of a section.
[18.3.12.5 NMAC - Rp, 18.3.12.5 NMAC, 7/1/2024]
18.3.12.6 OBJECTIVE: The
purpose of this rule is to establish requirements for towing services subject
to the limitations and policy of 49 U.S.C. 14501. The clearing of public highways and roads is
a matter of public safety, which cannot be reasonably accomplished by state and
local law enforcement officials, unless uniform maximum rates for service are
required for tows requested or directed by law enforcement or other safety
officials. Public safety also requires
secure storage yards for vehicles and reasonable access to towed vehicles, and
particularly requires reasonably rapid access to operable vehicles that have
been towed as the result of trespass tows, which may unexpectedly deprive
members of the public of transportation as well as the personal items stored in
their vehicle. Reasonable proximity of
the carrier’s office and books and records is required for efficient and
effective inspections of safety and financial responsibility requirements, as
well as the public’s ability to retrieve towed vehicles.
[18.3.12.6 NMAC - Rp, 18.3.12.6 NMAC, 7/1/2024]
18.3.12.7 DEFINITIONS: In
addition to the definitions in Section 65-2A-3 NMSA 1978 and 18.3.1.7 NMAC, as
used in this rule:
A. MVD means the motor vehicle
division of the New Mexico taxation and revenue department;
B. consensual
tow means a motor vehicle tow which has not been directed or requested by a
law enforcement official, and for which actual consent has been obtained by the
towing service from the owner or operator of the vehicle prior to the tow;
C. nonconsensual
tow has the meaning given in Subsection JJ of Section 65-2A-3 NMSA 1978 for
purposes of this rule, regardless of whether the owner or operator of the towed
vehicle has consented to a tow requested or directed by a law enforcement
official;
D. normal business hours means any eight hours between the hours of 8:00 a.m. to 5:00
p.m. excluding one hour lunch on every weekday excluding state recognized
holidays;
E. owner of a motor vehicle means a person who holds legal title to a motor vehicle or a person legally entitled to possession of the
motor vehicle;
F. proof of ownership means a
certificate of title, evidence of current registration of a motor vehicle or
other legal documentation of ownership including but not limited to the vehicle
owner’s delegation of the power of attorney, assignment of agent by notarized
letter, or a report from MVD or other reliable source identifying the current
registered owner, and sufficient other documentation to identify an individual
as the person described in the documents or as the person's agent;
G. public
directive tow means any nonconsensual motor vehicle tow performed at the
direction or request of a law enforcement official, including tows assigned by
law enforcement agencies through a rotational call system, regardless of
whether the owner or operator of the towed vehicle ever consented to the tow;
H. storage means the safekeeping of
motor vehicles entrusted to the custody of a towing service;
I. trespass
tow means the nonconsensual tow of a motor vehicle which is illegally
parked on property other than a public roadway, for which actual consent has
been obtained by the towing service from the owner or lessee of the private
property or the owner’s or lessee’s agent prior to the tow and for which actual
consent has not been obtained by the towing service from the owner or operator
of the vehicle prior to the tow, but does not include a motor vehicle tow
performed at the request or direction of a law enforcement official;
J. unclaimed motor vehicle means a
vehicle that has been placed in a storage or impound lot to which no owner or
lienholder of record has asserted a valid claim after required attempts to
contact the owner and lienholder have been made.
[18.3.12.7 NMAC - Rp, 18.3.12.7 NMAC, 7/1/2024]
18.3.12.8 MINIMUM
EQUIPMENT STANDARDS: A towing service shall use 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.
[18.3.12.8 NMAC - Rp, 18.3.12.8 NMAC, 7/1/2024]
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, 18.3.12.9 NMAC, 7/1/2024]
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 tons;
(2) Winching capacity of not less than four tons, single line pull;
(3) 3/8" cable for winch;
(4) Tow bar, cradle, sling attachment, under reach, 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 tons;
(3) 3/8" cable for winch.
[18.3.12.10 NMAC - Rp, 18.3.12.10 NMAC, 7/1/2024]
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 classs 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 tons;
(2) Winching capacity of not less than eight tons;
(3) 3/8" cable for winch;
(4) Tow bar, cradle, or sling attachment, under reach, 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 tons;
(3) 3/8" cable for winch.
[18.3.12.11 NMAC - Rp, 18.3.12.11 NMAC, 7/1/2024]
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 10 tons;
(2) Combined winching capacity of not less than 10 tons;
(3) 7/16" cable for winch;
(4) Tow bar, cradle or sling attachment, under reach, 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, 18.3.12.12 NMAC, 7/1/2024]
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) Gross Vehicle Weight (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 25 tons;
(2) Combined winching capacity of not less than 25 tons;
(3) 5/8" cable for winch;
(4) Tow bar, cradle or sling attachment, under reach 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, 18.3.12.13 NMAC, 7/1/2024]
18.3.12.14 AUTHORIZATION
AND PROCEDURE FOR MOVING MOTOR VEHICLES:
A. A
towing service shall only perform the following tows:
(1) By consent: A warranted towing service may perform a
consensual tow pursuant to the procedures specified in this rule and other
applicable rules.
(2) By directive: A warranted towing service may perform a
motor vehicle tow explicitly ordered by a law enforcement officer. In the event of a tow explicitly ordered by a
law enforcement official, the towing service shall attempt to first obtain
written authorization from a law enforcement officer and a written inventory of
the contents of the vehicle. If the
towing service is unable to first obtain a written authorization and inventory
from a law enforcement officer, the towing service shall obtain the name of the
officer ordering the tow, the agency that employs the officer, and any other
identifying employment information, such as badge number, and shall perform its
own inventory of the contents of the vehicle.
(3) Necessary for public safety: A
warranted towing service may perform a motor vehicle tow necessary for public
safety, but only for the distance necessary to remove the hazard to other motor
vehicles using the highway and only where:
(a) no law enforcement officer is
available within a period of three or more hours; and
(b) 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.
(4) Trespass tows: No
towing service shall attach hoisting or towing devices or move, tow or molest
in any way, any motor vehicle illegally parked on property other than a public
roadway without having first obtained written authorization from the owner or
lessee of the property, or the owner’s or lessee’s agent. Written authorization
shall include the name and signature of the owner or lessee of the property or
the name and signature of the property owner’s or lessee’s agent if different,
the location of the private property, the amount of time the motor vehicle has
been on the property, a description of the vehicle, the date and time the
towing service removed the vehicle from the property, and a statement by the
owner, lessee or agent that the vehicle is illegally parked.
(a) Before
towing a motor vehicle that is illegally parked on private property, the towing
service shall take a digital photograph or photographs of the motor vehicle
showing its position on the private property.
(b) No
towing service shall attach hoisting or towing devices or move, tow or molest
in any way, any motor vehicle illegally parked on commercial property or at an
apartment unless the property contains visible signs notifying the public that
illegally parked motor vehicles may be towed.
The visible signs shall specify the exact time periods (starting and
ending hours) when the vehicle is determined to be “illegally parked” on
commercial property or at an apartment house.
Before towing a motor vehicle that is illegally parked on private
commercial property or at an apartment, the towing service shall take a digital
photograph or photographs of the signage notifying the public that illegally
parked motor vehicles may be towed.
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 10,000
pounds.
C. Prohibitions: A towing service shall not:
(1) pay or refund, directly or indirectly, any remuneration or anything of
value to a private property owner or agent for the ability to perform
nonconsensual tows on the private property;
(2) transport a motor vehicle of any type by pushing;
(3) 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;
(4) use a wheeled auxiliary device unless it is necessary to prevent
further mechanical damage to the motor vehicle being moved; or
(5) 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, 18.3.12.14 NMAC, 7/1/2024]
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 - Rp, 18.3.12.15 NMAC, 7/1/2024]
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, 18.3.12.16 NMAC, 7/1/2024]
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, 18.3.12.17 NMAC, 3/14/2017; Rp, 18.3.12.17 NMAC, 7/1/2024]
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 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, 18.3.12.18 NMAC, 7/1/2024]
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 hand axe;
E. one wrecking bar at least four feet
in length;
F. at least one broom, one shovel,
and one bag or container for removal of broken glass and debris from highway;
G. one 10 unit type first-aid kit;
H. at least three triangle-type
reflectors;
I. at least six electronic fuses,
25 minute flares, or reflective cones;
J. at least four red signal flags
(minimum dimensions - two feet by two feet (2' x 2'); and
K. at least one charged fire
extinguisher having a minimum capacity of 10 pounds of dry chemical capable of
extinguishing class A, B and C fires.
[18.3.12.19 NMAC - Rp, 18.3.12.19 NMAC, 7/1/2024]
18.3.12.20 DEADHEAD MILEAGE: Except as otherwise provided in this rule, a
towing service may assess deadhead mileage charges when performing a
nonconsensual tow of a vehicle, and the owner or operator of the towed vehicle
asks or directs the towing service to tow the vehicle to a location other than
the towing service’s base of operation or storage facility. When calculating deadhead mileage charges in
such case, deadhead mileage shall not exceed total mileage less loaded mileage.
A. Total mileage calculation: Total mileage shall equal the sum of:
(1) the mileage from the base of operation to the loading pick up point;
(2) the mileage from the loading pick-up point to the destination; and
(3) the mileage from the destination back to the original base of
operation.
B. Loaded mileage calculation: Loaded mileage shall equal the number of
miles from the loading pick-up point to the destination.
C Excess deadhead mileage charges: A towing service performing a public
directive tow may assess excess deadhead mileage charges for the unloaded mileage from its base of
operation to the scene and from the scene back to its base of operation when
the vehicle needs to be recovered, but the vehicle is not towed.
[18.3.12.20 NMAC - Rp, 18.3.12.20 NMAC, 7/1/2024]
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 may charge the reasonable
and appropriate tariff rates for the second and succeeding motor vehicles as
though each were an independent tow, including but not limited to separate
charges for hookup, mileage, etc. for each vehicle.
[18.3.12.21 NMAC - Rp, 18.3.12.21 NMAC, 7/1/2024]
18.3.12.22 ALTERED,
MUTILATED, OR MISSING VEHICLE IDENTIFICATION NUMBER (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, 18.3.12.22 NMAC, 7/1/2024]
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. 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.
[18.3.12.23 NMAC - Rp, 18.3.12.23 NMAC, 7/1/2024]
18.3.12.24 INSPECTION
AND RELEASE OF TOWED MOTOR VEHICLES:
A. 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.
B. 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.
C. 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 department
and advising the disputant that he or she may file a complaint with the department
as provided by applicable department 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 department.
D. Towing services shall accept payment
in cash. Additionally, towing services
shall accept payment by either credit card or check. Towing services shall post
in a conspicuous location at their place of business which forms of payment,
are accepted. Nothing in this rule shall
be deemed to restrict the forms of payment that a towing service may accept.
[18.3.12.24 NMAC - Rp, 18.3.12.24 NMAC, 7/1/2024]
18.3.12.25 [RESERVED]
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 three 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 three 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 and a copy of any document received 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 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 landowners’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 three business days after a motor vehicle comes into its
possession; or
(2) mail notice to the registered owner and any lienholder within two 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, 18.3.12.26 NMAC, 7/1/2024]
18.3.12.27 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.
[18.3.12.27 NMAC - Rp, 18.3.12.27 NMAC, 7/1/2024]
18.3.12.28 RECORDS: A
towing service shall maintain for a period of three years complete and
permanent records of income, photographs, tow bills, and
any other documentation required by this rule for non-consensual tows separate
and apart from any other towing services and from any other business conducted
by the towing service.
[18.3.12.28 NMAC - Rp, 18.3.12.28 NMAC, 7/1/2024]
18.3.12.29 TOWING
SERVICES WITH MULTIPLE STORAGE FACILITIES: A towing service may apply to
operate with multiple storage facilities by completing the application form
prescribed by the director. The director
shall approve the application if it contains the name of the towing service,
the warrant number, the mailing address of the new storage facility, the physical
address of the new storage facility, and a list of the equipment the towing
service will station at the new storage facility. A towing service performing non-consensual
tows shall transport towed vehicles to the nearest storage facility.
[18.3.12.29 NMAC - Rp, 18.3.12.29 NMAC, 7/1/2024]
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 3/14/1968;
SCC 71-6, N.M. Motor
Carrier Act, Rules and Regulations, effective July 1, 1971, filed on 9/21/1971;
SCC 72-12, N.M.
Wrecker Tariff No. 1-B, Issued September 29, 1969, filed on 10/2/1972;
SCC 73-1, N.M. Motor
Carrier Act, Rules and Regulations, filed on 6/14/1973;
SCC 74-1, N.M. Motor
Carrier Act, Rules and Regulations, effective July 1, 1973, filed on 2/5/1974;
SCC 75-1, N.M. Motor
Carrier Act, Rules and Regulations, effective Jan. 1, 1975, filed on 4/17/1975;
SCC 75-3, N.M. Motor
Carrier Act, Rules and Regulations (Rev.), effective Jan. 1, 1975, filed on 9/19/1975;
SCC 76-1, N.M. Motor
Carrier Act, Rules and Regulations, effective April 1, 1976, filed on 4/15/1976;
SCC 77-1, N.M. Motor
Carrier Act, Rules and Regulations, effective Jan. 1, 1977, filed on 1/25/1977;
SCC 77-3, N.M.
Wrecker Tariff No. 1-D, Issued July 1, 1976, filed on 6/6/1977;
SCC 79-2, N.M.
Wrecker Tariff No. 3-D, Issued April 15, 1979, filed on 5/25/1979;
SCC 86-4, In the
Matter of Minimum Specifications for Wreckers-General Order No. 42 (1986
Revision), filed 9/29/1986;
SCC 92-4-TR, New
Mexico Wrecker Rules, filed on 7/29/1992;
SCCMC Rule No. 14,
Equipment Required on Certain Vehicles, filed on 3/5/1982;
SCC Rule 202,
Definitions, filed on 1/5/1993;
SCC Rule 267,
Wrecker Services, filed on 1/5/1993.
HISTORY OF
REPEALED MATERIAL:
SCC Rule 202,
Definitions, filed on 1/5/1993;
SCC Rule 267,
Wrecker Services, filed on 1/5/1993.
18.3.12 NMAC, Motor Carrier General
Provisions - Towing Service, filed 12/10/2002, repealed 2/13/2015
18.3.12 NMAC, Motor Carrier General
Provisions - Towing Service, filed 1/28/2015, repealed 3/14/2017
18.3.12 NMAC, Motor Carrier General
Provisions - Towing Service, filed 3/2/2017, repealed 7/1/2024
OTHER HISTORY:
18.3.12 NMAC, Towing Service (filed 3/2/2017) was replaced by 18.3.12 NMAC, Towing Service effective 7/1/2024.