(a) A tow facility may participate in a law enforcement program for the rotation of towing and recovery services for unattended heavy-duty motor vehicles if: (1) The tow facility: (A) Is licensed by the Arkansas Towing and Recovery Board as a heavy-duty motor vehicle incident management tow facility;(B) Is current in safety inspections by the Arkansas Highway Police Division of the Arkansas Department of Transportation under the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and(C) Complies with all other applicable state and federal laws;(2) The tow facility:(A) Owns or has access to the equipment necessary to properly execute the recovery of a heavy-duty motor vehicle and clean-up of a major accident; and(B) Has at least one (1) owner, partner, or employee who has proof of:(i) Training through a nationally recognized towing and recovery program in traffic incident management or on-scene recovery techniques; or(ii) Five (5) or more years of experience in the towing and recovery of heavy-duty motor vehicles; and(3) Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training years of experience in the towing and recovery of heavy-duty motor vehicles; and(3) Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training through a program required by the board.(b) However, a licensed tow facility or tow business that is not licensed as a heavy-duty motor vehicle incident management tow facility may be called upon by a law enforcement agency to assist in the towing and recovery of a heavy-duty motor vehicle: (1) If the response time to the unattended vehicle is of the essence; and(2) A heavy-duty motor vehicle incident management tow facility is not available in the local area.(c) The board may adopt rules to implement this section.(d) As used in this section, 'heavy-duty' means having a gross weight of at least thirty-two thousand pounds (32,000 lbs.).Added by Act 2019, No. 1063,§ 1, eff. 1/1/2020. (a) A tow facility may participate in a law enforcement program for the rotation of towing and recovery services for unattended heavy-duty motor vehicles if: (1) The tow facility: (A) Is licensed by the Arkansas Towing and Recovery Board as a heavy-duty motor vehicle incident management tow facility;(B) Is current in safety inspections by the Arkansas Highway Police Division of the Arkansas Department of Transportation under the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and(C) Complies with all other applicable state and federal laws;(2) The tow facility:(A) Owns or has access to the equipment necessary to properly execute the recovery of a heavy-duty motor vehicle and clean-up of a major accident; and(B) Has at least one (1) owner, partner, or employee who has proof of:(i) Training through a nationally recognized towing and recovery program in traffic incident management or on-scene recovery techniques; or(ii) Five (5) or more years of experience in the towing and recovery of heavy-duty motor vehicles; and(3) Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training years of experience in the towing and recovery of heavy-duty motor vehicles; and(3) Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training through a program required by the board.(b) However, a licensed tow facility or tow business that is not licensed as a heavy-duty motor vehicle incident management tow facility may be called upon by a law enforcement agency to assist in the towing and recovery of a heavy-duty motor vehicle: (1) If the response time to the unattended vehicle is of the essence; and(2) A heavy-duty motor vehicle incident management tow facility is not available in the local area.(c) The board may adopt rules to implement this section.(d) As used in this section, 'heavy-duty' means having a gross weight of at least thirty-two thousand pounds (32,000 lbs.).Added by Act 2019, No. 1063,§ 1, eff. 1/1/2020.
Arkansas Legal Code