TITLE 13. PUBLIC
SAFETY
CHAPTER 3.
DEPARTMENT OF PUBLIC SAFETY
TOW TRUCKS
ARTICLE 1. GENERAL PROVISIONS
Section
R13-3-101. Definitions
ARTICLE 2. TOW
TRUCK PERMITS
Section
R13-3-201. Permit Required
R13-3-202. Permit Application
R13-3-203. Inspection by the Department
R13-3-204. Permit Suspension and Application Refusal
ARTICLE 3. TOW TRUCK
SPECIFICATIONS
Section
R13-3-301. Capacities and Specifications of Towing Equipment
R13-3-302. Tow Truck Load Limitations
R13-3-303. Prohibition of Unauthorized Operation
R13-3-304. Light Duty Tow Trucks
R13-3-305. Medium Duty Tow Trucks
R13-3-306. Heavy Duty Tow Trucks
R13-3-307. Class “X” Tow Trucks
R13-3-308. Service Trucks
ARTICLE 4. TOW
TRUCK EQUIPMENT SPECIFICATIONS
Section
R13-3-401. General Tow Truck Lighting and Equipment
R13-3-402. Tow Truck Components Must be in Good Operating Condition
ARTICLE 5.
QUALIFICATIONS OF TOW TRUCK OPERATORS
Section
R13-3-501. Chauffeurs License, Skills, and Knowledge Required
ARTICLE 6.
ENFORCEMENT OF RULES AND REGULATIONS
Section
R13-3-601. Revocation or Suspension of Permit
R13-3-602. Grounds Suspension of Permit
R13-3-603. Grounds for Revocation of Permit
R13-3-604. Appeals Tow Truck Enforcement Action
ARTICLE 7.
DEFINITIONS AND SCOPE
Section
R13-3-701. Definitions
R13-3-702. Scope
of Chapter
R13-3-703. Enforcement Dates
ARTICLE 8. TOW TRUCK
COMPANY REGISTRATION
Section
R13-3-801. Tow
Truck Company Registration
ARTICLE 9. TOW TRUCK
REGISTRATION AND COMPLIANCE INSPECTION
Section
R13-3-901. Tow
Truck Registration
R13-3-902. Inspection
by the Department
R13-3-903. Changes
in Ownership
ARTICLE 10. TOW
TRUCK SPECIFICATIONS BY CLASS
Section
R13-3-1001. Light-duty
Tow Truck
R13-3-1002. Light-duty
Tow Truck with Collision Recovery Capabilities
R13-3-1003. Light-duty
Flatbed Tow Trucks
R13-3-1004. Light-duty
Flatbed Tow Truck with Collision Recovery Capabilities
R13-3-1005. Light-duty
Tow Truck-tractor and Semi-trailer Combination
R13-3-1006. Medium-duty
Tow Truck with Collision Recovery Capabilities
R13-3-1007. Medium-duty
Flatbed Tow Truck with Collision Recovery Capabilities
R13-3-1008. Medium-duty Tow Truck-tractor and Semi-trailer Combination
R13-3-1009. Heavy-duty
Tow Truck
R13-3-1010. Heavy-duty
Tow Truck with Collision Recovery Capabilities
R13-3-1011. Heavy-duty Flatbed Tow Truck with Collision Recovery Capabilities
R13-3-1012. Heavy-duty Tow
Truck-tractor and Semi-trailer Combination
ARTICLE 11. TOW
TRUCK EQUIPMENT REQUIREMENTS
Section
R13-3-1101. Compliance
with Chapter and Identification Requirements
R13-3-1102. Axle,
Wheel and Tire Requirements
R13-3-1103. Brake
Requirements
R13-3-1104. Required
Equipment
R13-3-1105. Collision
Recovery Equipment Requirements
R13-3-1106. Wire
Rope Restrictions
R13-3-1107. Wire
Rope End Specifications and Installation
ARTICLE 12.
REQUIREMENTS OF TOW TRUCK AGENTS AND COMPANIES
Section
R13-3-1201. Tow
Truck Agent and Company Requirements
ARTICLE 13.
ENFORCEMENT
Section
R13-3-1301. Waiver
R13-3-1302. Suspension of Tow Truck Permit Decal
R13-3-1303. Appeals
ARTICLE 1. GENERAL PROVISIONS
R13-3-101. Definitions
Words and phrases not defined hereinafter shall be
consistent with definitions in Title 28, Arizona Revised Statute. This Section
is automatically repealed on June 1, 2010.
1. “Accident
recovery work” means the towing or removal of a vehicle involved in an
accident upon any highway or roadway and is damaged to the
extent that an investigation by a law enforcement agency is required.
2. “Department”
means the Arizona Department of Public Safety.
3. “Director” means
the Director of the Department of Public Safety.
4. “Permit” means
the Department of Public Safety tow truck permit inspection sticker
required on all tow trucks.
5. “Power operated
winch” means a winch operated by power including, but not limited to, power
take-off, hydraulic, or electric.
6. “Tow truck” means
a motor vehicle which is altered or designed for, and used in the business of towing vehicles by means of a
flat bed or other specially designed truck that is equipped with a tow sling,
tow bar, tow plate or wheel lift apparatus, attached to the rear of the truck;
or a crane or hoist that is attached to the bed or frame of the tow truck.
Wrecker, garage tow truck, and slide back or roll back car carriers are
synonymous and shall be termed “Tow Truck”.
7. “Towing service”
means the transportation upon the public streets and highways of the
state of Arizona of damaged, disabled, unattended or
abandoned vehicles together with personal effects and/or cargo by tow trucks.
Wrecker service, tow car service, and garage tow truck service are synonymous
and shall be termed “Towing Service”.
ARTICLE 2. TOW TRUCK PERMITS
R13-3-201. Permit
Required
A permit of authorization must be obtained from the
Department before a tow truck is operated for the purpose of towing vehicles.
This Section is automatically repealed on June 1, 2010.
R13-3-202. Permit Application
A. Applications
for permits shall be made under oath to the Department of Public Safety in
writing upon forms prescribed and furnished by the Department. The application
shall contain all information required therein and shall be submitted to the
Tow Truck Section, Arizona Department of Public Safety, P.O. Box 6638, Phoenix,
Arizona, 85005. The Department shall be notified within ten days of any change
of information supplied on the original application.
B. In filing
the application, the applicant expressly agrees, under penalty of suspension or
revocation of his/her permit(s), that:
1. All rules and regulations set forth herein
will be followed.
2. Any person operating
a tow truck for his/her company will have the necessary experience and
qualifications to operate a tow truck in the manner required by these rules and
regulations.
C. The Department shall
issue a permit upon determining that the application was made and filed in good
faith, that all submitted information is accurate, that the applicant and the
applicant’s towing equipment have met the minimum requirement established in
law and in these rules and regulations. The Department may deny the application
if any of the above conditions are not satisfied.
D. If at any
time a tow truck is sold, leased or otherwise disposed of, the tow truck owner
shall notify the Department of the disposition of the truck and the permit
issued for said truck shall immediately become null and void. Any person having
subsequent control over said truck shall make application to the Department
before operating said tow truck as a tow truck within the state.
E. This Section is
automatically repealed on June 1, 2010.
R13-3-203. Inspection
by the Department
A. As soon as
possible after the tow truck application has been filed, the Department may
conduct a physical inspection of the tow truck. If the tow truck is found to
conform to the minimum standards of the class permit requested and the
application meets the requirements as set forth in these rules, the Department
shall approve the application, and the Director shall issue a permanent
identification number for the tow truck. The Department inspector shall affix
this identification number inside the cab of the tow truck.
B. In addition to the
identification number, the Department shall issue the tow truck an inspection
sticker that contains such pertinent information as deemed necessary by the
Department. The tow truck owner shall conspicuously display the inspection
sticker on the outside lower right-hand corner of the truck’s front windshield.
C. The Department may conduct unannounced,
in-service inspections of a tow truck at the roadside, at the company’s place
of business, or any reasonable time and place to determine the condition
of the tow truck.
D. Nothing in
these rules prohibits any peace officer from conducting an inspection without
notice to determine the fitness of a tow truck at any reasonable time and
place.
E. If during
an inspection, a tow truck is found to be in need of repair to meet the minimum
standards for its class, the Department shall suspend the permit and the tow
truck owner shall remove the truck from service until the repairs are effected,
the tow truck is inspected, and the Department rescinds the permit suspension.
F. This Section is
automatically repealed on June 1, 2010.
R13-3-204. Permit
Suspension and Application Refusal
A. A tow truck
permit may be suspended or an application may be refused for any one or more of
the following conditions:
1. Failure to supply
true and accurate information on the permit application and inspection
form.
2. Failure to comply
with any of these rules and regulations.
3. Failure to submit
to a tow truck inspection (refer to R13-3-203).
4. Failure to
display on the side of the tow truck, the business name, town and phone
number of the tow truck company. The lettering used shall
be in bold contrasting colors and at least three inches in height.
B. This Section is
automatically repealed on June 1, 2010.
ARTICLE 3. TOW TRUCK SPECIFICATIONS
R13-3-301. Capacities
and Specifications of Towing Equipment
A. The minimum
standards for each class of tow truck permits, referred to throughout these
rules and regulations, shall be determined solely by the manufacturer’s specifications
for the capabilities and capacities of the tow trucks and all towing equipment,
except that the Department may consider other evidence of such capabilities and
capacities when it reasonably believes that the manufacturer’s specifications overrate
the tow truck’s capacity.
B. Each tow
truck shall be equipped with only those winches and cranes that have been
produced and constructed by a manufacturer of such equipment, and which
regularly produces winches and cranes of guaranteed quality. However, a winch
or crane will not be prohibited by this Section if the tow truck owner submits
to the Department certification from one reputable testing laboratory,
regularly engaged in the testing of such equipment or similar equipment,
indicating that the capacity of the winch or crane is not less than the class
for which application has been made. All costs of such testing and
certification shall be at the expense of the tow truck owner.
C. This Section is
automatically repealed on June 1, 2010.
R13-3-302. Tow
Truck Load Limitations
No tow truck shall tow another vehicle unless the tow truck
has a manufacturer’s rating of 3/4 ton or higher, and the tow truck has been
issued the appropriate permit required by these rules and regulations. Trucks
with a manufacturer’s rating of less than one ton shall not be permitted to do
accident recovery work. This Section is automatically repealed on June 1, 2010.
R13-3-303. Prohibition
of Unauthorized Operation
A. No person
shall stop at the scene of an accident or at or near a disabled vehicle for the
purpose of soliciting an engagement for towing service, either directly or
indirectly, nor furnish any towing service, unless he/she has been summoned to
such scene by the owner or operator of a disabled vehicle or has been requested
to perform such services at the request of a law enforcement officer or agency
pursuant to that agency’s procedures.
B. Tow truck
operators shall not, without the express authorization of the responsible
investigating agency, move any vehicle from a public
highway or street or from any public property when such vehicle is abandoned,
stolen, damaged, or left unattended, except that, notwithstanding the
conditions imposed in R13-3-303(A) of these rules and regulations, operators
may, in emergency cases, slide left, right, or otherwise move a vehicle damaged
as the result of an accident, if the removal is for the purpose of extracting a
person from the wreckage or to remove an immediate hazard to life and/or property.
In no event shall the movement be more than is reasonable and necessary.
C. This Section is
automatically repealed on June 1, 2010.
R13-3-304. Light
Duty Tow Trucks
A. At no time shall
any light duty tow truck exceed its manufacturer’s gross vehicle weight or the
manufacturer’s rated capacity for the wrecker assembly.
B. Light duty
minimum specifications:
1. A gross vehicle
weight rating of at least 8,000 pounds and rated by the manufacturer as one ton or more.
2. A four-speed
transmission or the equivalent.
3. A power-assisted
service brake system adequate to control the movement of, and to stop and hold
the combination of vehicles, under all conditions and on any grade on which
they are operated.
4. A parking brake system
separate from the service brake system which shall be maintained in good
working order at all times.
5. At least dual
rear wheels and tires or the equivalent.
C. Wrecker
(crane) minimum specifications:
1. Total boom
capacity of at least four tons.
2. Power-operated
winch with a capacity of at least four tons.
3. Hand or
electric-powered winches will not be used for accident recovery work.
4. Winch power is
determined by a single line pull.
5. At least 100 feet
of 3/8 inch diameter wire rope with a breaking strength of 12,200 pounds or
more.
6. At least 20 feet
of 5/16 inch diameter chain with hooks with a safe working load of 1,750 pounds
or more.
D. Light duty one car
carrier minimum specifications:
1. A gross vehicle
rating of at least 8,000 pounds and rated by the manufacturer as one ton or
more.
2. A four-speed
transmission or the equivalent.
3. A power-assisted
service brake system adequate to control the movement of, and to stop and hold
the combination of vehicles, under all conditions and on any grade on which
they are operated.
4. A parking brake
system separate from the service brake system which shall be maintained in good
working condition.
5. At least dual
rear wheels and tires or the equivalent.
6. A power-operated winch
with a capacity of at least four tons with at least 50 feet of 3/8 inch
diameter wire rope with a breaking strength of 12,200 pounds or more.
7. A bed assembly of
at least 3/16 inch steel plate or the equivalent and at least 15 feet in length and at least 7 feet in width.
8. At least 20 feet
of 5/16 inch diameter chain with hooks with a safe working load of 1,750 pounds
or more.
9. If a tow plate
(stinger) is attached to the rear of the tow truck bed or frame and used to
raise the wheels of the towed vehicle off the ground, the stinger must have a
tow bar capacity of at least 1,500 pounds.
E. This Section is
automatically repealed on June 1, 2010.
R13-3-305. Medium
Duty Tow Trucks
A. At no time
shall any medium duty tow truck exceed its manufacturer’s gross vehicle weight
or the manufacturer’s rated capacity for the wrecker assembly.
B. Medium duty
minimum specifications:
1. A gross vehicle
weight rating of at least 15,000 pounds and rated by the manufacturer as 1 1/2
tons or more.
2. A four-speed transmission
or the equivalent.
3. A power-assisted
service brake system adequate to control the movement of and to stop and hold
the combination of vehicles under all conditions and on any grade on which they
are operated.
4. When towing vehicles
equipped with an air brake system, shall have the equipment necessary to join
the air systems together in order to activate the brakes from the cab of the
tow truck.
5. A parking brake
system separate from the service brake system which shall be maintained in good
working order at all times.
6. At least dual
rear wheels and tires or the equivalent.
7. At least 35 feet
of 3/8 inch diameter chain with hooks with a safe working load of 2,450 pounds
or more.
C. Double boom
wrecker (crane) minimum specifications:
1. Total boom
capacity of at least ten tons.
2. Double booms and
lines, each to operate jointly and/or independently.
3. Power-operated
winches with a combined capacity of at least ten tons.
4. At least two
winches of not less than five tons each.
5. Winch power is
determined by a single line pull.
6 At least 150 feet
of 3/8 inch diameter wire rope per winch drum with a breaking strength of
12,200 pounds or more.
D. Single boom
wrecker (crane) minimum specifications:
1. Boom capacity of
at least ten tons.
2. Boom line winch
with a minimum capacity of at least ten tons, with at least 150 feet of 1/2
inch diameter wire rope with a breaking strength of 21,400 pounds or more.
3 Deck winch minimum
capacity of at least ten tons with at least 150 feet of 1/2 inch diameter wire
rope with a breaking strength of 21,400 pounds or more.
E. Hydraulic
wrecker assemblies minimum specifications:
1. Boom capacity of
at least ten tons.
2. Boom line(s) which
operate jointly and/or independently.
3. Hydraulically
operated winches with a combined capacity of at least ten tons, with a deck
winch minimum capacity of at least ten tons except that one single boom line
winch may be used instead, if it has the capacity of at least ten tons and is
used with a deck winch with a minimum capacity of at least ten tons.
4. At least 150 feet
of 3/8 inch diameter wire rope per winch drum with a breaking strength of
12,200 pounds or more.
5. At least 35 feet
of 3/8 inch diameter chain with hooks with a safe working load of 2,450 pounds
or more.
F. Medium duty two
car carrier minimum specifications:
1. A gross vehicle
weight of at least 15,000 pounds and rated by the manufacturer as two tons or
more.
2. A four-speed
transmission or the equivalent.
3. A power assisted
service brake system adequate to control the movement of, and to stop and hold
the combination of vehicles, under all conditions and on any grade on which
they are operated.
4. A parking brake system
separate from the service brake system which shall be maintained in good
working order at all times.
5. At least dual
rear wheels and tires or the equivalent.
6. A hydraulically
operated winch of at least 6 tons, with at least 50 feet of 3/8 inch diameter
wire rope with a breaking strength of 12,200 pounds or more.
7 A bed assembly of
at least 1/4 inch steel plate or the equivalent and at least 17 feet in length
and at least 7 feet in width.
8. At least 30 feet
of 3/8 inch diameter chain with hooks with a safe working load of 2,450 pounds
or more.
9. If a tow plate
(stinger) is attached to the rear of the tow truck structure and used to raise
the wheels of the towed vehicle off the ground, the stinger must have a tow bar
capacity of at least 3,500 pounds.
G. Medium duty
three car carrier minimum specifications:
1. A gross vehicle
weight of at least 22,000 pounds.
2. A four-speed
transmission or the equivalent.
3. A power-assisted
service brake system adequate to control the movement of, and to stop and hold
the combination of vehicles, under all conditions and on any grade on which
they are operated.
4. A parking brake
system separate from the service brake system which shall be maintained in good
working order at all times.
5. At least dual rear
wheels and tires or the equivalent.
6. A hydraulically
operated winch of at least 6 tons, with at least 50 feet of 3/8 inch diameter
wire rope with a breaking strength of 12,200 pounds or more.
7. A bed assembly of
at least 1/4 inch steel plate or the equivalent and at least 17 feet in length
and at least 7 feet in width, a bed assembly over the cab of at least 3/16 inch
steel plate or the equivalent and at least 10 feet in length and at least 7
feet in width.
8 At least 30 feet
of 3/8 inch diameter chain with hooks with a safe working load of 2,450 pounds
or more.
9. If a tow plate
(stinger) is attached to the rear of the tow truck structure and used to raise
the wheels of the towed vehicle off the ground, the stinger must have a tow bar
capacity of at least 3,500 pounds.
H. This Section is
automatically repealed on June 1, 2010.
R13-3-306. Heavy
Duty Tow Trucks
A. At no time
shall any heavy duty tow truck exceed its manufacturer’s gross vehicle weight
or the manufacturer’s rated capacity for the wrecker assembly, provided that
the manufacturer’s weights are not in excess of the legal limitations of A.R.S.
§§ 28-1099 and 28-1100.
B. Heavy duty
minimum specifications:
1. A gross vehicle rating
of at least 35,000 pounds (usually rated by the manufacturer as
3 1/2 tons).
2. Tandem rear
axles, equipped with dual rear wheels and tires, or the equivalent.
3. A five-speed main
transmission or the equivalent.
4. A brake system
equipped with a truck-tractor protection valve.
5. Full air brakes
so constructed and controlled as to permit locking of all rear wheels (air lock).
6. A dependable
parking brake system separate from the service brake system which shall be maintained in good working
order at all times.
7. Required
accessories:
a. Trailer hitch:
pintle hook type or the equivalent.
b. One semi-trailer
converter dolly or fifth-wheel mount. Option: If a converter dolly or
fifth-wheel mount is not owned by the wrecker owner, he must have one
immediately available at all times. Documentary proof must be filed with the
Department for the above option when the application for permit is filed.
c. Chain with hooks
meeting the following specifications:
i. At least 35 feet
of 3/8 inch diameter chain with a safe working load of 2,450 pounds or more.
ii. At least 20 feet
of 5/8 inch diameter chain with a safe working load of 6,375
pounds or more.
d. Air lines: At least
75 feet of auxiliary air lines with the necessary fittings in two sections of
appropriate length. These sections will connect to the air supply of the towed
vehicle for the purpose of brake application.
C. Double boom
wrecker (crane) minimum specifications:
1. A total capacity
of at least 25 tons.
2. Double booms and
lines each to operate jointly and/or independently.
3. Power-operated
winches combined capacity of at least 25 tons.
4. At least two
winches of at least 12 1/2 tons capacity each.
5. Winch power is
determined by a single line pull.
6. At least 200 feet
of 9/16 inch diameter wire rope with a breaking strength of 27,000 pounds or
more.
D. Single boom
wrecker (crane) minimum specifications:
1. Boom line winch
with a minimum capacity of at least 25 tons with at least 200 feet of 3/4 inch
diameter wire rope with a breaking strength of at least 51,200 pounds or more.
2. Deck winch with a
minimum capacity of at least 15 tons with at least 200 feet of 5/8 inch
diameter wire rope with a breaking strength of at least 33,400 pounds or more.
E. Hydraulic wrecker
assemblies minimum specifications:
1. Boom capacity of
at least 25 tons.
2. Boom line(s)
which operate jointly and/or independently.
3. Hydraulically operated
winches with a combined capacity of at least 25 tons, except that one single
boom line winch may be used instead if it has a capacity of at least 25 tons
and is used with a deck winch with a minimum capacity of 15 tons.
4. Double winches on
a single boom with a minimum of 200 feet of 5/8 inch diameter wire rope per
winch with a breaking strength of 27,000 pounds or more.
5. A single winch on
a single boom with a minimum of 200 feet of 3/4 inch diameter wire rope with a breaking strength
of 33,400 pounds or more.
F. Heavy duty
car carrier minimum specifications:
1. Gross vehicle
weight of at least 35,000 pounds, rated by the manufacturer as 3 1/2 tons or
more.
2. Tandem rear axles
equipped with dual rear wheels and tires or the equivalent.
3. A five-speed main
transmission or the equivalent.
4. Full air brakes.
5. Air brakes so
constructed and controlled as to permit locking of all rear wheels (air lock).
6. A brake system
equipped with truck-tractor protection valve.
7. A dependable
parking brake system.
8. A hydraulically
operated winch with a minimum capacity of ten tons, and at least 50 feet of
7/16 inch wire rope with a breaking strength of 33,400 pounds or more.
9. A bed assembly of
at least 3/8 inch steel plate or the equivalent, and at least 21 feet in length
and at least 7 feet in width. A bed assembly over the cab of at least 3/16 inch
steel plate or the equivalent and at least 10 feet in length and at least 7
feet in width.
10. At least 40 feet
of 1/2 inch diameter chain with hooks with a safe working load of 4,240 pounds
or more.
11. If a tow plate
(stinger) is attached to the rear of the tow truck structure and used to raise
the wheels of the towed vehicle off the ground, the tow plate (stinger) must
have a tow bar capacity of at least 5,000 pounds.
G. This Section is
automatically repealed on June 1, 2010.
R13-3-307. Class
“X” Tow Trucks
A. Class “X” tow
trucks shall not be used to render assistance or for accident recovery work but
may be used for the purpose of towing vehicles from one location to another.
B. At no time shall
any Class “X” tow truck exceed its manufacturer’s gross vehicle weight or the rated capacity of the wrecker
assembly.
C. Class “X”
truck minimum specifications:
1. A gross vehicle
weight rating of at least 7,500 pounds and rated by the manufacturer as a 3/4
ton or more.
2. A four-speed
transmission or the equivalent.
3. Dual rear wheels
or the equivalent.
4. A boom (crane) with
a boom capacity of at least three tons and a single line winch capacity of at
least three tons.
5. Wire rope of at
least 5/16 inch diameter with a breaking strength of 8,520 pounds or more.
6. At least 20 feet
of 5/16 inch diameter chain with hooks, with a safe working load of 1,750
pounds or more.
7. Any class X roll
back or slideback car carriers must meet the minimum specifications consistent
with light, medium or heavy duty classes.
8. Equipment
required is that contained in R13-3-401(E) through (P), (R), and (V), (X), (Z),
(AA) and R13-3-402.
D. This Section is
automatically repealed on June 1, 2010.
R13-3-308. Service
Trucks
A. Service trucks
(Class S) shall not be used for accident recovery work but may be used to render assistance to vehicles.
B. At no time shall
any service truck exceed its manufacturer’s gross vehicle weight or the manufacturer’s rated capacity for the
wrecker assembly.
C. Service truck
minimum specifications:
1. A gross vehicle
weight rating of at least 7,500 pounds and rated by the manufacturer as a
three-quarter ton or more.
2. A four-speed
transmission or the equivalent.
3. Dual rear wheels
or the equivalent.
4. A boom (crane)
with a:
a. Boom capacity of at
least three tons and single line winch capacity of at least three tons.
b. Wire rope shall
be at least 5/16 inch diameter with a breaking strength of at least 8,520
pounds or more.
c. At least 20 feet
of 5/16 inch diameter chain with hooks with a safe working load of 1,750 pounds
or more.
5. Accessories.
Refer to R13-3-401 and R13-3-402 under General Tow Truck Lighting &
Equipment Specifications for complete list of accessories required.
D. This Section is
automatically repealed on June 1, 2010.
ARTICLE 4. TOW TRUCK EQUIPMENT SPECIFICATIONS
R13-3-401. General
Tow Truck Lighting and Equipment
A. Tow trucks
shall comply with lighting and equipment requirements for trucks contained in
Title 28, A.R.S. Additional equipment requirements relating specifically to tow
trucks are contained in the following pages. If more detailed information is
needed, a copy of Title 28, A.R.S. may be purchased from the Motor Vehicle
Division of the Arizona Department of Transportation.
B. Warning
lamps & lights required: Warning lights are to be used only at the scene of
the service or in towing a vehicle which is damaged to the extent that it
presents a hazard to other users of the street or highway. No red light shall
be visible from in front of a vehicle.
1. Flashing type
lamps. (Emergency top mount lights):
a. The color shall
be amber to the front, amber or red to the rear with at least two
lamps of at least 6 inches in diameter having a lens
surface of at least 28.26 square inches each.
b. These lamps are
to be mounted as high as practical and with their light visible from the front and rear for a
distance of 500 feet under normal atmospheric conditions.
2. Warning lamps may
be wired independently or in conjunction with stop and signal lamps. If tail
lamps are also incorporated, then either a separate bulb or a double
contact-type bulb shall be used.
C. A rotating
beacon may be used in lieu of the two flashing lamps.
1. At least one beacon
is required with amber lens or amber to the front and red to the rear.
2. The beacon shall
be mounted as high as practical with its light visible for 360 degrees for a
distance of 500 feet under normal atmospheric conditions.
3. Each beacon shall
have at least four seal beams or at least two beacons with two seal beams each.
4. The lens size of
the beacon shall be at least 9 inches in diameter at its narrowest point, and 5
inches in height with a lens surface of 141.2 square inches. Two smaller beacons
may be used only if the total square inches of both at least equal that
required of the one above.
5. Beacons shall be
wired independently of all other electrical circuits.
6. Strobe lights may
be used in lieu of rotating beacons or flashing lights.
D. Work lamps:
1. The lens shall be
clear.
2. The lens’
diameter shall be at least four inches in diameter.
3. There shall be at
least two work lamps used in the system.
4. Lamps shall be
mounted so as to illuminate the area directly behind the tow truck for a
distance of at least 50 feet.
5. Work lamps shall
be wired so they are not dependent on the position of the gear shift.
6. Work lamps shall
not be in operation while the tow truck is in forward motion.
E. Portable
tail, stop and signal lamps required:
1. At least two
separate lamps with mounting brackets or mounting clips.
a. The lens shall be
red in color.
b. The lens’
diameter shall be at least three inches each.
2. Connections shall
be made with suitable male and female connectors and flexible rubber or plastic
cord. The portable lamps may be wired permanently to the truck’s electrical
system if a suitable bracket for both cord and lamp is provided.
a. All cord shall be
measured from rear of tow truck.
i. Light duty,
service duty, and Class “X”: cord length of at least 25 feet.
ii. Medium duty: cord
length of at least 30 feet.
iii. Heavy duty: cord
length of at least 75 feet.
b. Lamp cords shall
be flexible rubber or plastic containing at least four conductors of at least
16 gauge in a single manufactured cable. Single wires taped together are
prohibited.
3. Additional
portable lamps required on heavy duty tow trucks.
a. Clearance lamps shall
be incorporated with the portable lamp system and shall be mounted on the sides
at the rear of a towed vehicle.
b. Clearance lamps
shall have red lens and shall be of the type with a visibility range of at
least 180 degrees.
c. Clearance lamps
may be permanently wired to the portable lamp system or may be connected with
suitable male and female electrical connectors to the tow truck system.
d. Electrical ground
connections shall be made through the power supply cable in all portable lamp
systems. Systems dependent on a towed vehicle for grounding are not acceptable.
F. Use of portable
lamps:
1. Tow truck
operators are required to affix two tail lights, two stop lights and two signal
lights to the rear-most vehicle of any train of vehicles any time of day or
night that the vehicles are towed or operated, on any street or highway.
2. When a
combination of vehicles is operated during the time that lighted lamps are
required, there shall be exhibited on the rear of any towed vehicles at least
two red tail lights.
G. Head lamps: See
A.R.S. § 28-924.
H. Tail lamps: See
A.R.S. § 28-925.
I. Reflectors: See
A.R.S. §§ 28-926, 28-929, and 28-932.
1. All tow trucks
shall have reflectors and clearance lamps on the front, sides and rear as
required as by A.R.S. §§ 28-926, 28-929, and 28-932.
2. Color mounting
and visibility of reflectors, clearance lamps and side marker lamps shall be
consistent with A.R.S. §§ 28-931, 28-932, and 28-933.
J. Stop lamps: two
See A.R.S. § 28-927. Meeting with specifications outlined under A.R.S. § 28-939(A)(1).
K. Directional
signals: See A.R.S. § 28-939.
1. All tow trucks
are required to be equipped with electrical flashing directional signals.
2. Directional
signals shall be connected in a manner so as to permit “4-way” flash.
L. Horns: See A.R.S.
§ 28-954.
M. Mufflers: See
A.R.S. § 28-955.
N. Mirrors: See
A.R.S. § 28-956.
1. All tow trucks are
to be equipped with two side rear-vision mirrors, one at each side.
2. The minimum size
per mirror surface is 24 square inches.
O. Windshield and
windshield wipers: See A.R.S. §§ 28-957 and 28-957.01.
P. Certain vehicles
must carry flares or other warning devices, i.e. three red fusees (15 minutes),
three electric lanterns or three portable reflectors. See A.R.S. § 28-960.
Q. Clearance lamps
and side reflectors:
1. All tow truck
assemblies, regardless of their width, shall have clearance lamps and side reflectors
as described in A.R.S. § 28-929(2).
2. Two amber cab
clearance lamps are required, showing amber to the front and mounted on the
outside edge of the cab.
3. Color, mounting,
and visibility of reflectors, clearance lamps, and sidemarker lamp shall be
consistent with A.R.S. §§ 28-931, 28-932, and 28-933.
R. Rear fender splash
guards: See A.R.S. § 28-958.01.
S. Shovel and broom:
1. All tow trucks
shall have as part of their equipment a shovel and a broom, kept in good condition.
2. The shovel shall
be at least a No. 2 and shall be a square point type.
3. The broom shall
be a push broom and have at least a 14- inch head.
T. Oil-absorbing
material: All trucks operated in metropolitan areas shall have the following:
Sand or a commercial oil and grease absorbent, or at least 1155 cubic inches of
material or the equivalent of a five-gallon can of material which can be
carried in a weatherproof container.
U. Electric lantern
or flashlight: All tow trucks shall have at all times in good working condition
a battery-powered electric lantern, or a two-cell flashlight in lieu of an
electric lantern.
V. Fire
extinguishers: Each tow truck shall be equipped with either:
1. A fire
extinguisher having an Underwriters Laboratories rating of 5 B:C or more, or
2. Two fire
extinguishers, each of which has an Underwriters Laboratories rating of 4 B:C
or more.
W. Steering wheel
clamp: A steering wheel clamp or its equivalent shall be of sufficient strength
to adequately lock the steering mechanism of a towed vehicle in a straight
forward position.
X. Tow sling or tow
plate:
1. Every tow truck
shall be equipped with a tow sling, plate or bar, that is structurally adequate
for any weight drawn. Slings or plates shall be properly and securely mounted on
the tow truck without excessive slack.
2. The tow plates,
slings and tow-bears shall be securely attached to the tow vehicle by means of
chains and hooks. Attachment chains will have a capacity equal to the weight of
the towed vehicle. At least two chains shall be used.
3. There shall be
one snatch block of matched size to the rating of the wrecker assembly.
Y. Attachment chains
(“J” hooks):
1. Every towed
vehicle shall be coupled to the tow truck with attachment chains of a
structural strength equal to the gross weight of the towed vehicle.
2. Attachment chains
shall be securely attached to the towing and towed vehicle with no more slack
left in the chain or cable than is necessary to permit proper turning.
Z. Tire chains (skid
chains):
1. Tow trucks are to
be equipped with one set of tire chains for at least one driving wheel on each
side whenever ice or snow makes driving conditions hazardous.
2. Chains shall be
maintained in good condition.
AA. Tire equipment:
1. Tires supporting
the tow truck should be of such size and ply that the sum of their capacity as
shown by the particular manufacturer shall at least equal the gross laden
weight of the tow truck.
2. Tire wear and
replacement:
a. No tow truck shall
be operated on any tire that has fabric exposed through the tread or sidewall.
b. Any tire on the
front wheels of the tow truck shall have a tread groove pattern depth of at
least 4/32 of an inch when measured at any point on a major tread groove.
c. Except as
provided in subparagraph (b) of this Section, tires shall have a tread groove
pattern depth of at least 2/32 of an inch when measured at any point on a major
tread groove.
d. The Department
tow truck inspector shall make the final decision concerning any question
arising under this Section.
AB. This Section is
automatically repealed on June 1, 2010.
R13-3-402. Tow
Truck Components Must be in Good Operating Condition
All tow truck components (i.e., winches, booms, cables, cable
clamps, thimbles, sheaves, guides, controls, blocks, slings, chains, hooks, and
hydraulic components), are to be maintained in good condition at all times.
Cable fittings for hooks, slings, etc., shall be assembled by factory
recommendations and specifications. All portable equipment (i.e., shovel,
broom, reflectors, flashlights, fire extinguisher, etc.), shall be permanent
accessories and be available on the truck at all times. This Section is
automatically repealed on June 1, 2010.
ARTICLE 5. QUALIFICATIONS OF TOW TRUCK OPERATORS
R13-3-501. Chauffeurs
license, skills, and knowledge required
A. No tow truck owner shall operate or permit anyone to
operate a tow truck until the following requirements
are fulfilled:
1. Tow truck
operators shall have a valid Class “A”,”B”,”C”,”D”, or “G” Arizona Drivers
License. A.R.S. §28-3101.
2. Every operator
shall be competent by reason of experience or training to safely operate the
type of tow truck or tow trucks allowed by permit.
3. Every operator
shall possess the knowledge and ability to rig, move, pick up and transport
vehicles without increasing the original damage insofar as possible.
4. Every operator
shall be free from the influence of alcoholic beverages, narcotics, or dangerous
drugs when on duty.
5. No tow truck
company or individual shall operate a tow truck without displaying proof of
current insurance in accordance with A.R.S. §§28-4031, 28-4135. The tow truck
company shall submit proof of current insurance to the Department of Public
Safety upon demand.
B. Every owner
and operator shall be familiar with the laws and rules and regulations
pertaining to tow trucks.
C. This Section is
automatically repealed on June 1, 2010.
ARTICLE 6. ENFORCEMENT OF RULES AND REGULATIONS
R13-3-601. Revocation
or Suspension of Permit
A. Any person who violates any rule or Regulation herein may
have his or her tow truck permit(s) revoked or suspended by the Director or his
authorized subordinate. Such action shall be pursuant to the provisions of
A.R.S. §41-1092 et seq.
B. In cases
where, in the opinion of the Director or his representative, there is a
compelling public necessity, the Director or his authorized representative may
waive the enforcement of any of these rules and regulations, but all such
waivers shall be treated separately for each party and each rule or regulation,
and there shall be no collective waivers.
C. This Section is
automatically repealed on June 1, 2010.
R13-3-602. Grounds
for Suspension of Permit
A.
A tow truck permit may be suspended for
up to one year under the following conditions:
1. If the owner or
operator violates any rule or regulation herein which does not warrant
revocation. The period of suspension shall be determined according to the
severity and frequency of the violation.
2. If the owner
knowingly continues to employ an operator who has been convicted of more than two
moving violations under A.R.S. Title 28 during a one-year period. The
suspension shall be for a period of one year from the date of the third
conviction. There shall be no suspension for a violation of this Section unless
it is proven that the owner knew or should have known of the operator’s
convictions.
B. This Section is
automatically repealed on June 1, 2010.
R13-3-603. Grounds
for Revocation of Permit
A. A tow truck permit may be revoked under the
following conditions:
1. If, while engaged
in the operation of a tow truck, an owner or operator is convicted of A.R.S.
§§28-1381, 28-1382, 28-1383 (driving while under the influence of
narcotics, dangerous drugs or intoxicating beverages) or A.R.S. § 28-693
(reckless driving), or has had his/her license to drive suspended under A.R.S.
§28-1321 (Implied Consent Law), A.R.S. §28-3473 (License Suspension or
Revocation) or A.R.S. §28-4135(E) (Suspended, No Insurance, FR).
2. If it is
discovered that a permit was issued on information supplied by the applicant
that the applicant knew or should have reasonably known was false or
inaccurate.
3. If the owner or
operator refuses to make prompt restitution for any avoidable damage caused by
his failure to comply with R13-3-501(A)(3) of these rules and regulations.
4. If the owner or
an operator habitually violates any rule or Regulation herein or A.R.S. §
9-499.05.
B. This Section is
automatically repealed on June 1, 2010.
R13-3-604. Appeals
from Tow Truck Enforcement Action
A. Any person
who has had a permit denied, or who has suffered any penalty under these rules
and regulations, shall have the right to a hearing. A temporary suspension of
operation pursuant to Section R13-3-203(E) is not a penalty, and no hearing
shall be provided for the persons affected.
B. The hearing shall
be conducted pursuant to A.R.S. §§41-1092 et seq.
C. The Director or
his authorized representative may, at his discretion, combine requests for hearings into one hearing where there are
common parties or issues.
D. The hearing shall
be conducted by the Office of Administrative Hearings pursuant to A.R.S.
§41-1092, et seq.
E. Any notice
required to be given to any party or person shall be in writing pursuant to
A.R.S. §41-1092.04. Such notice shall be deemed sufficient and complete when deposited
in the United States mail, addressed to the last known address of the party to
receive the notice as evidenced by the most recent application on file with the
Department.
F. Within 35
days after the date of the final decision rendered in any hearing, an appeal
may be taken to the Superior Court of the county in which any of the conditions
of A.R.S. §
12-905(B) apply. Appeals to the Superior
Court shall be governed by the provisions of A.R.S.
§ 12-901 et seq.
G. This Section is automatically repealed on
June 1, 2010.
ARTICLE 7.
DEFINITIONS, SCOPE, AND ENFORCEMENT DATES
R13-3-701. Definitions
A. The definitions in
A.R.S. §§ 28-101 and 41-1701 apply to this Chapter.
B. In this Chapter:
1. “Alter” means
adding, modifying, or removing any equipment or component after a tow truck has
received a permit decal from the Department, in a manner that may affect the operation of
the tow truck, compliance with A.R.S. § 28-1108 and this Chapter, or the
health, safety, or welfare of any individual.
2. “Bed assembly”
means the part of a tow truck that is located behind the cab, is attached to
the frame, and is used to mount a boom assembly, hoist, winch, or equipment for
transporting vehicles.
3. “Boom assembly”
means a device, consisting of sheaves, one or more winches, and wire rope, that
is attached to a tow truck and used to lift or tow another vehicle.
4. “Collision” means
an incident involving one or more moving vehicles resulting in
damage to a vehicle or its load that requires the completion of a written report of accident under A.R.S. § 28-667(A).
5. “Collision
recovery” means initial towing or removing a vehicle involved in a
collision from the collision scene.
6. “Denial” means refusal to satisfy a request.
7. “Department”
means the Arizona Department of Public Safety.
8. “Director” means
the Director of the Arizona Department of Public Safety or the
Director’s designee.
9. “Emergency brake”
means the electrical, mechanical, hydraulic, or air brake components
used to slow or stop a vehicle after a failure of the
service brake system.
10. “Flatbed” means an open platform that is located behind
the cab and attached to the frame of
a truck.
11. “G.V.W.R.” means Gross Vehicle Weight Rating, the value specified by the manufacturer
as the fully assembled weight of a single motor vehicle.
12. “Hook” means a steel hook attached to an end of a wire rope or chain.
13. “Parking brake system” means the electrical,
mechanical, hydraulic, or air brake components used to hold the tow truck or
combination under any condition of loading to prevent movement when parked.
14. “Permit decal” means
the non-transferable decal that a tow truck company is required to obtain from
the Department before operating a tow truck for the purpose of towing a
vehicle.
15. “Person” means the same as in A.R.S. § 1-215.
16. “Power-assisted service brake
system” means a service-brake system that is equipped with a booster to supply
additional power to the service-brake system by means of air, vacuum, electric,
or hydraulic pressure.
17. “Power-operated
winch” means a winch that is operated by electrical, mechanical, or hydraulic
power.
18. “Service-brake
system” means the electrical, mechanical, hydraulic, or air brake components
used to slow or stop a vehicle in motion.
19. “Snatch block”
means a metal case that encloses one or more pulleys and can be opened
to receive a wire rope and redirect energy
from a winch.
20. “State” means the State of Arizona.
21. “Steering wheel
clamp” means a device used to secure in a fixed position the steering wheel of
a vehicle being towed.
22. “Suspension” is the temporary withdrawal of the tow truck permit decal because the Department determines the tow truck or tow truck agent is not in compliance with one or more requirements of this Chapter.
23. “Tow bar” means a
device attached to the rear of a tow truck to secure a towed vehicle to the tow
truck by chains, straps, or hooks.
24. “Tow plate” means
a solid metal support attached to the rear of a tow truck to secure a towed
vehicle to the tow truck by chains, straps, or hooks.
25. “Tow sling” means
two or more flexible straps attached to the wire rope or boom assembly of a tow
truck to hoist a towed vehicle by chains, straps, or hooks.
26. “Tow truck” means
a motor vehicle designed, manufactured, or altered to tow or transport one or
more vehicles. The following are tow
trucks:
a. A truck with a flatbed equipped with a winch;
b. A truck drawing a semi-trailer or trailer equipped with a winch;
c. A motor vehicle that has a boom assembly or hoist permanently attached to its bed or frame;
d. A motor vehicle that has a tow sling, tow plate, tow bar, under-lift, or wheel-lift attached to the rear of the vehicle; and
e. A truck-tractor drawing a semi-trailer equipped with a
winch.
27. “Tow truck agent”
means an individual who operates a tow truck on behalf of a tow truck company,
and includes owners, individuals employed by the tow truck company, and
independent contractors.
28. “Tow truck company” means a person that owns, leases, or operates a tow truck that travels on a street or highway to transport a vehicle, including, but not limited to a vehicle that is damaged, disabled, unattended, repossessed, or abandoned.
29. “Truck-tractor protection valve” means a device that supplies air to the service brake system of a trailer to release the service brakes while the trailer is being towed by a truck- tractor, or to activate the service brakes if the supply of air from the truck-tractor to the trailer is disconnected or depleted.
30. “Under-lift” means an electrical, mechanical, or hydraulic device attached to the rear of a tow truck used to lift the front or rear of a vehicle by its axles or frame.
31. “Vehicle” means the same as in A.R.S. § 28-101.
32. “Wheel lift” means
an electrical, hydraulic, or mechanical device attached to the rear of a tow
truck used to lift the front or rear of a vehicle by its tires or wheels.
33. “Winch” means a
device used for winding or unwinding wire rope.
34. “Wire rope” means flexible steel or synthetic strands
that are twisted or braided together and may surround a hemp or wire core.
35. “Work lamp” means
a lighting system that is mounted on a tow truck capable of illuminating an
area to the rear of the tow truck.
R13-3-702. Scope
of Chapter
This Chapter applies only to a tow truck company in the business of towing and a tow truck agent.
R13-3-703. Enforcement Dates
As of the effective date of Articles 7 through 13, a tow truck agent shall ensure that a tow truck:
1. Introduced into the state on or after the
effective date of Articles 7 through 13 meets the requirements of Articles 7
through 13;
2. Registered and operating as a tow truck in
the state before the effective date of Articles 7 through 13, either meets the
requirements of Articles 7 through 13 or Articles 1 through 6 until June 1,
2010, at which time the tow truck shall meet the requirements of Articles 7
through 13;
3. Sold to a new owner meets the
requirements of Articles 7 through 13 before operating as a tow truck within
this state; or
4. Not included in the definition
of “tow truck” in R13-3-701 before the effective date of Articles 7 through 13,
meets the requirements of Articles 7 through 13 within six months of the
effective date of Articles 7 through 13 when operating as a tow truck in this
state.
ARTICLE 8. TOW TRUCK
COMPANY REGISTRATION
R13-3-801. Tow
Truck Company Registration
A. A person shall not operate a tow truck to tow a vehicle unless a tow truck agent registers the tow truck company with the Department. The tow truck agent shall:
1. Obtain a
tow truck company application from the Department and
complete the application form by including the
following information:
a. The name,
address, and telephone number of the tow truck company;
b. The tow truck
owner’s name, address, telephone number and date of birth. If the owner is a
corporation, the corporation’s name, address, and telephone number;
2. Obtain and keep in
effect at all times the minimum limits of financial responsibility required by
A.R.S. §§ 28-4009, 28-4032, 28-4033, 28-4131,
and 28-4135, as applicable, for each tow truck owned, leased, or operated by
the company; and
3. Sign the application in the presence of a Notary Public or Department Officer certifying under penalty of suspension of the permit decal that the tow truck company and the tow truck agent shall:
a. Comply with this Chapter; and
b. Have the necessary experience and qualifications to operate a tow truck in the manner required by this Chapter;
4. Include with a completed application, proof of financial responsibility that indicates:
a. Name of the
insured;
b. Name, address,
and telephone number of the insurance carrier;
c. Policy number;
d. Date on which the
policy expires; and
e. Amount of coverage; and
5. Submit the
completed application form and proof of financial responsibility in person to
the Department.
B. If information provided
on the original application form changes, the tow truck agent shall submit a
new application form to the Department within 10 calendar days of the change.
The Department may suspend a tow truck permit decal for failure to notify the
Department of a change.
C. If it is discovered that a tow truck permit decal was issued on information supplied by the applicant that the applicant knew or should have reasonably known was false or inaccurate, the Department may suspend the tow truck permit decal.
ARTICLE
9. TOW TRUCK REGISTRATION AND
COMPLIANCE
INSPECTION
R13-3-901. Tow Truck
Registration
A. A tow truck company shall register each tow truck by obtaining an identification number and permit decal before operating the tow truck to tow a vehicle.
B. A tow truck company shall apply for an
identification number and permit decal by completing the Department’s tow truck
inspection application. The company may obtain the application from the
Department. The signature on the application of the
owner or a tow truck agent shall be notarized or signed in the presence of a
Department officer.
R13-3-902. Inspection
by the Department
A. The Department shall inspect a tow truck for compliance with this Chapter as soon as possible after the tow truck inspection application form is filed and no later than seven days after the application form is filed.
B. The Department may conduct unannounced, in-service inspections of a tow truck at the roadside, at the company’s place of business, or any reasonable time and place to determine the condition of the tow truck.
C. The Department shall issue tow truck permit
decals and identification number decals individually for each approved tow
truck.
D. When a tow truck inspection is conducted under subsection (A) or (B), the the following apply:
1. Department inspectors shall examine the tow truck for compliance with the safety requirements and specifications for the tow truck class under this Chapter.
2. If the Department finds that the tow truck complies with this Chapter, the Department shall issue an inspection report and if applicable, a permit decal.
3. If the Department finds that the tow truck does not comply with this Chapter, but has no deficiency listed in R13-3-1201(C)(7), the Department shall issue an inspection report that:
a. Specifies the deficiencies found,
b. Requires corrective measures, and
c. Allows five calendar days for the tow truck agent to correct the deficiencies.
4. If the Department finds that the tow truck does not comply with this Chapter because of deficiencies listed in R13-3-1201(C)(7), the Department shall not issue a permit decal but shall issue an inspection report that:
a. Specifies the deficiencies found, and
b. Requires corrective measures.
E. A tow truck agent shall ensure that a legible copy of the most recent tow truck inspection report is kept in the driver’s compartment area of the tow truck and is produced upon demand to any peace officer. The Department may suspend a tow truck permit decal for failure to comply with this subsection.
1. A tow truck agent shall ensure that:
a. A permit decal is
affixed to the lower outside right corner of the tow truck’s
windshield, and
b. An identification number decal is permanently
affixed to the driver’s compartment area.
2. The Department may suspend a permit decal for failure to maintain the permit decal or identification number decal in compliance with subsection (E)(1).
3. If a tow truck
inspection report, permit decal, or identification number decal is lost,
damaged, destroyed, or stolen, the tow truck company shall immediately notify
the Department.
a. The tow truck company shall provide
notification in writing to Arizona Department of
Public Safety, P.O. Box 6638, Phoenix, AZ 85005-6638, and include the name of
the tow truck agent who registered the tow truck and the number of the lost,
damaged, destroyed, or stolen inspection report, permit decal, or
identification number decal.
b. Upon receipt of the notification, the Department shall issue the replacement inspection report, permit decal, or identification number decal.
R13-3-903. Changes in Ownership
If a tow truck is sold, leased, or otherwise disposed of, the permit decal issued to the tow truck immediately becomes void.
1. Before sale, lease, or other disposal of a tow truck, a tow truck
agent shall remove and destroy the permit decal.
2. Within 10
calendar days following the sale, lease, or other disposal of the tow truck, a tow
truck agent shall notify the Department in
writing of the action. The notice shall include:
a. Date on which
ownership changed or the tow truck was disposed of;
b. Whether the tow
truck was sold, leased, or the method and reason for other disposal;
c. Name of person
who sold, leased, or disposed of the tow truck;
d. If
applicable, name and
address of the person that purchased or leased the tow truck; and
e. Vehicle
identification number of tow truck that was sold, leased, or disposed of.
3. A person to whom a tow truck is sold, leased, or otherwise disposed of shall complete the registration and inspection process before operating the tow truck to tow a vehicle within this State.
ARTICLE 10. TOW
TRUCK SPECIFICATIONS BY CLASS
R13-3-1001. Light-duty Tow Truck
A
light-duty tow truck has a minimum of:
1. A G.V.W.R. of
10,000 pounds;
2. A boom assembly with a rated capacity of 8,000 pounds, if so equipped;
3. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds, if so equipped;
4. A tow sling, tow plate, or tow bar that meets
the requirements of R13-3-1201(C)(16), or a wheel-lift
or under-lift with a lifting capacity of 2,500 pounds when fully extended;
5. Chains or straps and hooks that meet the
requirements of R13-3-1104;
6. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
7. Brakes that meet the requirements of
R13-3-1103.
R13-3-1002. Light-duty Tow Truck with Collision Recovery
Capabilities
A light-duty tow truck with collision recovery capabilities has a minimum of:
1. A G.V.W.R. of 14,001 pounds;
2. A boom assembly with a rated capacity of 8,000 pounds;
3. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;
4. A tow sling, tow plate, or tow bar that meets
the requirements of R13-3-1201(C)(16), or a wheel-lift
or under-lift with a lifting capacity of 3,000 pounds when fully extended;
5. Chains or straps and hooks that meet the
requirements of R13-3-1104;
6. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
7. Brakes that meet the requirements of
R13-3-1103.
R13-3-1003. Light-duty Flatbed Tow Truck
A light-duty flatbed tow truck has a minimum of:
1. A G.V.W.R. of 10,000 pounds;
2. A power-operated winch with a line pull
capacity of 8,000 pounds and a 3/8-inch
diameter wire rope with a breaking
strength of 12,200 pounds;
3. A bed assembly with a distributed load
capacity of 7,500 pounds;
4. A wheel-lift or under-lift with a lifting
capacity of 2,000 pounds when fully extended, if so equipped;
5. A tow plate or tow bar that meets
requirements of R13-3-1201(C)(16), if so equipped;
6. Chains or straps and hooks that meet the
requirements of R13-3-1104;
7. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
8. Brakes that meet the requirements of
R13-3-1103.
R13-3-1004. Light-duty Flatbed Tow Truck with Collision
Recovery Capabilities
A light-duty flatbed tow truck with collision recovery capabilities has a minimum of:
1. A G.V.W.R. of 14,001 pounds;
2. A power-operated winch with a line pull capacity of 8,000 pounds and a 3/8-inch diameter wire rope with a breaking strength of 12,200 pounds;
3. A bed assembly
with a distributed load capacity of 7,500 pounds;
4. A wheel-lift or under-lift with a lifting
capacity of 2,500 pounds when fully extended, if so equipped;
5. A tow plate or tow bar that meets
requirements of R13-3-1201(C)(16), if so equipped;
6. Chains or straps and hooks that meet the
requirements of R13-3-1104;
7. Axles, wheels, and tires that meet the requirements of R13-3-1102; and
8. Brakes that meet the requirements of
R13-3-1103.
R13-3-1005. Light-duty Tow Truck-tractor and Semi-trailer Combination
A light-duty tow
truck-tractor and semi-trailer combination has a minimum of:
1. A G.V.W.R. of 8,600 pounds for a
truck-tractor;
2. A G.V.W.R. of 7,500 pounds for a
semi-trailer;
3. A power-operated winch with a line pull
capacity of 8,000 pounds and a 3/8-inch
diameter wire rope with a breaking
strength of 12,200 pounds;
4. Chains or straps and hooks that meet the
requirements of R13-3-1104;
5. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
6. Brakes that meet the requirements of
R13-3-1103 and A.R.S. § 28-952(A).
R13-3-1006. Medium-duty Tow Truck with Collision Recovery
Capabilities
A medium-duty tow truck has a minimum of:
1. A G.V.W.R. of 23,500 pounds;
2. A boom assembly with a rated capacity of 24,000 pounds;
3. A power-operated winch with a line-pull capacity of 20,000 pounds and a ˝-inch diameter wire rope with a breaking strength of 21,400 pounds, or two power-operated winches each with a line-pull capacity of 10,000 pounds and a 7/16-inch diameter wire rope with breaking strength of 16,540 pounds;
4. A tow sling, tow plate, or tow bar that meets
the requirements of R13-3-1201(C)(16), or a wheel-lift
or under-lift with a lifting capacity of 5,000 pounds when fully extended;
5. Chains or straps and hooks that meet the
requirements of R13-3-1104;
6. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
7. Brakes that meet the requirements of
R13-3-1103.
R13-3-1007. Medium-duty Flatbed Tow Truck with
Collision Recovery Capabilities
A medium-duty flatbed tow truck has a minimum of:
1. A G.V.W.R. of 23,500 pounds;
2. A power-operated winch with a line pull capacity of 10,000 pounds and a 7/16-inch diameter wire rope
with a breaking strength of 16,540 pounds;
3. A bed assembly with a distributed load
capacity of 15,000 pounds;
4. A wheel-lift or under-lift with a lifting
capacity of 3,000 pounds when fully extended,
if so equipped;
5. A tow plate or tow bar that meets the
requirements of R13-3-1201(C)(16), if so equipped;
6. Chains or straps and hooks that meet the
requirements of R13-3-1104;
7. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
8. Brakes that meet the requirements of R13-3-1103.
R13-3-1008.
Medium-duty Tow Truck-tractor and Semi-trailer Combination
A
medium-duty tow truck-tractor and semi-trailer combination has a minimum
of:
1. A G.V.W.R. of 23,500 pounds for a
truck-tractor;
2. A G.V.W.R. of 17,000 pounds for a
semi-trailer;
3. A power-operated winch with a line pull
capacity of 10,000 pounds and a 7/16-inch
diameter wire rope with a breaking
strength of 16,540 pounds;
4. Chains or straps and hooks that meet the
requirements of R13-3-1104;
5. Axles, wheels, and tires that meet the
requirements of R13-3-1102; and
6. Brakes that meet the requirements of
R13-3-1103 and A.R.S. § 28-952(A)(3).
R13-3-1009. Heavy-duty Tow Truck
A
heavy-duty tow truck has a minimum of:
1. A G.V.W.R. of 35,000 pounds;
2. Tandem rear axles;
3. A boom assembly with a rated capacity of
50,000 pounds, if so equipped;
4. Two power-operated winches with a line
pull capacity of 25,000 pounds each and a
9/16-inch diameter wire rope with a breaking strength of 27,000 pounds, if so equipped;
5. A tow sling, tow plate, or tow bar that meets
the requirements of R13-3-1201(C)(16), or a wheel-lift
or under-lift with a lifting capacity of 12,000 pounds when fully extended;
6. Chains or straps and hooks that meet the
requirements of R13-3-1104;
7. Axles, wheels, and tires that meet the
requirements of R13-3-1102;
8. Air brakes that meet the requirements of
R13-3-1103; and
9. Seventy-five feet of air line configured so the ends can be connected between the tow truck and the towed unit, allowing the air supply of the tow truck’s brake system to be transmitted to the towed unit’s service brake system.
R13-3-1010. Heavy-duty Tow Truck with Collision
Recovery Capabilities
A heavy-duty tow truck has a minimum of:
1. A G.V.W.R. of 35,000 pounds;
2. Tandem rear axles;
3. A boom assembly with a rated capacity of 50,000 pounds;
4. Two power-operated winches with a line pull capacity of 25,000
pounds each and a
9/16-inch diameter wire rope with a breaking strength of 27,000 pounds;
5. A tow sling, tow plate, or tow bar that meets
the requirements of R13-3-1201(C)(16), or a wheel-lift
or under-lift with a lifting capacity of 12,000 pounds when fully extended;
6. Chains or straps and hooks that meet the
requirements of R13-3-1104;
7. Axles, wheels, and tires that meet the
requirements of R13-3-1102;
8. Air brakes that meet the requirements of R13-3-1103; and
9. Seventy-five feet of air line configured so the ends can be connected between the tow truck and the towed unit, allowing the air supply of the tow truck’s brake system to be transmitted to the towed unit’s service brake system.
R13-3-1011. Heavy-duty Flatbed Tow Truck with Collision Recovery Capabilities
A heavy-duty flatbed tow truck has a minimum of:
1. A G.V.W.R. of 33,000 pounds;
2. A power-operated winch with a line pull capacity of 20,000 pounds and a 2-inch diameter wire rope with a breaking strength of 21,400 pounds;
3. A bed assembly with a distributed load capacity of 20,000 pounds;
4. A wheel-lift or under-lift with a lifting capacity of 4,000 pounds when fully extended, if so equipped;
5. A tow plate or tow bar that meets the requirements of R13-3-1201(C)(16), if so equipped;
6. Chains or straps and hooks that meet the requirements of R13-3-1104;
7. Axles, wheels and tires that meet the requirements of R13-3-1102; and
8. Air brakes that meet the requirements of R13-3-1103.
R13-3-1012. Heavy-duty Tow Truck-tractor and Semi-trailer Combination
A heavy-duty tow truck-tractor and semi-trailer combination has a minimum of:
1. A truck tractor with a G.V.W.R. of 35,000
pounds;
2. Tandem rear axles for both a truck-tractor and semi-trailer;
3. A G.V.W.R. of 30,000 pounds on the semi-trailer;
4. A power-operated winch with a single line pull capacity of 20,000
pounds and a 2-inch diameter wire
rope with a breaking strength of 21,400 pounds;
5. Chains or straps and hooks that meet the
requirements of R13-3-1104;
6. Axles, tires, and wheels that meet the
requirements of R13-3-1102; and
7. Air brakes that meet the requirements of R13-3-1103 for both a truck-tractor and semi-trailer.
ARTICLE
11. TOW TRUCK EQUIPMENT REQUIREMENTS
R13-3-1101. Compliance with Chapter and Identification
Requirements
A. At all times a tow truck agent shall display on both sides of each tow truck the company name, full name of the town or city in which the company is located, and ten digit telephone number. Letters shall contrast sharply in color with the background on which the letters are placed, be readily legible during daylight hours from a distance of 50 feet while the tow truck is stationary, and be maintained in a manner that retains the legibility.
B. A tow truck agent shall ensure that all tow trucks meet the requirements of this Chapter. The Department may suspend a permit decal for failure to meet the requirements of this Chapter.
R13-3-1102. Axle, Wheel, and Tire Requirements
A.
A tow truck agent shall ensure that a tow
truck has:
1. Axles, wheels,
and tires with a manufacturer’s capacity rating equal to or greater than the
tow truck’s G.V.W.R.; and
2. At all points on
major tread grooves, a tread-groove pattern depth of at least 4/32 of an inch
on all tires on the steering axle, and 2/32 of an inch on all other tires.
B.
A tow truck agent shall ensure that a tow truck
does not have:
1. Fabric or cord
exposed through the tire tread or sidewall;
2. A tire
contacting another tire, suspension, or any other part of the vehicle; or
3. A tire visibly
under-inflated or flat.
R13-3-1103.
Brake Requirements
A. A tow truck shall
have a power-assisted service brake system, separate from the parking brake
system, capable of stopping and holding the tow truck and its load under all
conditions and on any grade on which the tow truck is operated. If a tow truck’s service brake system is
actuated by air, the tow truck shall be equipped with:
1. A truck-tractor
protection valve; and
2. An audible or
visible low air warning device that actuates at a minimum of 55 psi.
B. A tow truck shall have a parking brake system, separate from the service brake system, which is capable of holding the tow truck and its load. If the tow truck’s parking brake system is actuated by air, the tow truck shall be equipped with:
1. A truck-tractor protection valve; and
2. An audible or visible low air warning device that actuates at a minimum of 55 psi.
R13-3-1104. Required Equipment
A. A light-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 5/16-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 3,900 pounds.
B. A medium-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 3/8-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 7,100 pounds.
C. A heavy-duty tow truck shall be equipped with a minimum of 20 feet of recovery straps or 1/2-inch diameter chains with a hook on each end of each section. The straps or chains shall have an identifiable mark indicating a minimum working load limit strength of 12,000 pounds.
D. A semi-trailer or flatbed shall be equipped with “T” slots, eye bolts, “D” rings, or other means for attaching chains or straps, and four tie-down chains or straps with appropriate attachment hooks.
E. All tow trucks shall be equipped with:
1. Appropriate load securement devices if equipped with a wheel-lift, under-lift, tow bar, tow plate, or tow sling.
2. A warning light assembly with a minimum of two light emitting sources. The lights shall:
a. Be mounted on the tow truck as high as
practical and be visible from the front and rear of the tow truck for a
distance of 100 feet under normal atmospheric
conditions;
b. Show amber to the
front and amber or red to the rear; and
c. Be wired
independently of all other electrical circuits.
3. A minimum of two
work lamps. The lamps shall:
a. Have clear
lenses;
b. Be capable of
illuminating the area directly behind the tow truck for a distance of 50 feet;
and
c. Be wired
independently of all other electrical circuits.
4. Two portable lamps consisting of tail lights, brake lights, turn signals, and emergency flashers, if a tow truck is equipped with a wheel-lift, under-lift, tow bar, tow plate or tow sling. Each portable lamp shall be visible from 100 feet under normal atmospheric conditions and comply with A.R.S. §§ 28-925(A), 28-927, and 28-939.
5. One rear-vision
mirror on each side of the tow truck.
Each mirror shall have a minimum surface area of 24 square inches.
6. An operational
battery-powered electric lantern or a two-cell flashlight.
7. A fire
extinguisher having an Underwriter’s Laboratories rating of 10 B:C or
higher. The fire extinguisher shall be
filled, readily accessible for use, and mounted securely to the tow truck.
8. A steering wheel
securement device of sufficient strength to lock the steering mechanism in a
straight, forward position, if a tow truck is equipped with a wheel-lift,
under-lift, tow bar, tow plate or tow sling.
R13-3-1105.
Collision Recovery Equipment Requirements
A
tow truck with collision recovery capabilities shall be equipped with at least:
1. One #2 or larger square-point shovel;
2. One 14-inch wide or larger push broom;
3. Five gallons or 20 pounds of fluid absorbent
material stored in a weatherproof container; and
4. One snatch block for each installed winch on the tow truck. Each snatch block shall be of a size and rating compatible with the size and rating of the installed wire rope.
R13-3-1106. Wire Rope Restrictions
A tow truck agent shall
ensure that a wire rope is not used in a tow truck if
it:
1. Has kinks, bird caging, or knots;
2. Is crushed more
than 33% of original diameter;
3. Has core
protrusion along the length of the rope;
4. Has more than 11 broken wires in six diameters of length;
5. Has more than three broken wires in any one strand; or
6. Has more than two broken wires at the end connection or fitting.
R13-3-1107. Wire Rope End Specifications and Installation
A tow truck agent shall ensure that:
1. All wire rope eye loops used on a tow truck are protected by a thimble;
2. Cable clamps are not used on a wire rope; and
3. Thimbles are not cracked, deformed, worn, loose, or have a strand of wire that slips.
ARTICLE 12.
REQUIREMENTS FOR TOW TRUCK AGENTS AND COMPANIES
R13-3-1201. Tow Truck Agent and Company Requirements
A. A tow truck company shall ensure that each
tow truck agent:
1. While operating a
tow truck possesses and carries a valid driver’s license for the class of tow
truck operated;
2. While operating a tow truck possesses and carries a current
medical examination certificate in accordance with 49 C.F.R. 391.45 (October 1,
2003) as incorporated by reference in A.C.C. R17-5-202;
3. Does not operate
a tow truck if the agent has more than two moving violation convictions within
the previous twelve months;
4. Possesses the
skill and knowledge to rig, move, pick up, and transport a vehicle without
causing avoidable damage to the vehicle or other property;
5. Has not consumed any alcoholic beverage within four hours of
operating the tow truck;
6. Is not using or under the influence of alcohol or any of the following substances as defined in A.R.S. §13-3401 while operating a tow truck:
a. Peyote;
b. Vapor-releasing substance containing a toxic substance;
c. Marijuana;
d. Dangerous drugs;
e. Narcotic drugs; or
f. Prescription-only drug unless the tow truck agent obtains the prescription-only drug
pursuant to a valid prescription.
7. Has not
been convicted of committing a crime involving fraud, embezzlement, or theft in
the five years before operating a tow truck and has never been convicted of
committing a felony homicide, felony kidnapping,
felony assault, felony sexual offense, or felony robbery;
8. Has not been convicted under A.R.S. § 28-1381 (driving while under the influence of narcotics, dangerous drugs, or intoxicating beverages) or A.R.S. § 28-693 (reckless driving) while engaged in the operation of a tow truck; and
9. Does not operate a tow truck while the agent’s license to drive is suspended under A.R.S. § 28-1321 (Implied Consent Law), A.R.S. § 28-3473 (license suspension or revocation), or A.R.S. § 28-4141 (suspended license, no insurance).
B. A tow truck agent shall:
1. Comply with A.R.S.
§ 28-1108;
2. Permit a peace
officer or other duly authorized agent of a law enforcement agency to inspect a
tow truck to determine compliance with the requirements of this Chapter. The
inspection may be conducted without notice at any reasonable time and place;
and
3. Have a certification from a licensed testing facility certifying the tested line-pull of the winch or the tested lifting capacity of the boom assembly, if the tow truck is equipped with a homemade boom assembly or homemade winch.
C. A tow truck agent shall not:
1. Operate a tow truck without an identification number and a legible copy of a tow truck inspection report, as required by this Chapter;
2. Transfer a permit
decal or tow truck inspection report from one tow truck to another;
3. Tow or move a
vehicle from a highway, street, or public property without prior authorization
from the owner or operator of the vehicle, the owner’s agent, a person
responsible for maintaining the public property, or a law enforcement officer. The
tow truck agent may move, but shall not tow, a
vehicle to extract an individual from wreckage or to remove a hazard to life or
property at a collision scene;
4. Use a
hand-operated or electric winch for collision recovery work;
5. Operate a tow
truck for collision recovery work unless certified for collision recovery;
6. Use a flatbed tow truck with a G.V.W.R. of less than 14,001 pounds to transport more than one vehicle unless the additional vehicle is a golf cart, a motor-driven cycle, or a trailer that weighs less than 1,500 pounds;
7. Operate a tow
truck that has one or more of the following defects;
a. Both warning
light assembly lights missing or inoperative;
b. All load
securement devices missing or defective;
c. A portable lamp
not in compliance with A.R.S. §§ 28-925(A), 28-927 or 28-939, if a portable
lamp is required;
d. Any steering axle
tire with less than 4/32-inch tread depth in one major groove;
e. For an axle other
than a steering axle, a tire with less than 2/32-inch tread depth and for a
dual wheel axle, both tires on the same side with less than 2/32-inch tread
depth;
f. Any flat tire or
tire with cord exposed by cut or wear;
g. Any tow plate,
tow bar, tow sling, wheel-lift, or under-lift exhibiting wear in excess of
manufacturer standards at any pivot point or any crack in a structural
component;
h. Wire rope in
violation of R13-3-1106;
i. Any component not maintained within
manufacturer standards; or
j. A deficiency noted on an inspection report
after the timeframe available to the tow truck agent to correct deficiencies
has elapsed;
8. Equip a tow truck
with homemade boom assembly or homemade winch, unless the tow truck company has
a certification from a licensed testing facility certifying the tested line pull
of the winch or the tested lifting capacity of the boom assembly;
9. Tow a vehicle
using a tow sling, tow plate, or tow bar unless appropriate load securement
devices are attached;
10. Transport a
vehicle by flatbed or truck, truck-tractor, or semi-trailer unless the vehicle
is secured with a minimum of a four-point tie-down, not including the winch;
11. Tow a vehicle with
a wheel-lift, under-lift, tow plate, tow bar, or tow sling unless two safety
chains are attached by crossing the chains with one end of each chain attached
to a major structural member of the tow truck and the other end attached to a
major structural member of the towed vehicle, with no attachments to the
bumpers;
12. Tow a vehicle using a tow plate, tow bar, tow sling, wheel-lift, or under-lift unless a portable lamp is affixed to the rear of the rear-most towed vehicle, in plain view, and when activated, visible to traffic traveling in the same direction;
13. Activate warning
light assembly except at the scene of service, or when transporting a vehicle
that presents a hazard from a collision scene;
14. Use any vehicle
towed or article stored in the towed vehicle, unless it is the property of the
tow truck company or tow truck agent;
15. Operate a tow
truck that exceeds the manufacturer’s G.V.W.R. without a load or the
manufacturer’s rated capacity for the boom or bed assembly;
16. Operate a tow truck that is equipped with a tow plate,
tow bar, or tow sling unless the tow plate, tow bar, or tow sling has a
manufacturer weight rating that exceeds any load carried on it; or
17. Refuse to make
prompt restitution for any damage for which the tow truck company is legally
liable.
D. The Department may suspend a permit decal for failure to comply with these standards.
ARTICLE 13. ENFORCEMENT
R13-3-1301. Waiver
If the Director determines there is a compelling public necessity, the Director may waive the enforcement of this Chapter.
1. A person shall make a waiver request in writing.
2. The Director shall separately consider and decide each request for a waiver and each waiver shall only apply to the person requesting the waiver.
3. The Director shall provide the decision in writing.
R13-3-1302. Suspension or Denial of Tow Truck Permit
Decal
A. The Director may deny or suspend a permit decal for up to one year if a person violates this Chapter.
B. The Department shall provide a written notice of a permit decal suspension to a tow truck company that includes the information specified in A.R.S. § 41-1092.03(A) and lists:
1. The effective date of the suspension;
2. The tow truck affected by the suspension;
3. The specific violation; and
4. The actions necessary for compliance and for the Department to end the suspension.
C. Beginning on the effective date of the suspension, the tow truck company shall not operate the identified tow truck to tow.
D. The tow truck
company shall submit a corrective action plan to the Department that lists the
steps the tow truck company will take to reach compliance.
1. A tow truck agent shall sign the plan and submit the plan to the Department for approval and signature.
2. Failure to submit a plan within 90 days of written notice of suspension by the Department constitutes withdrawal from the permit process and requires the tow truck company to reapply under Article 9 of this Chapter.
E. If the tow truck company complies with the corrective action plan, the Department shall reinstate the tow truck permit decal.
F. The Department shall not suspend a permit decal for a violation of R13-3-1201(A)(3) unless the tow truck company owner knew or should have known of the tow truck agent’s convictions.
R13-3-1303. Appeals
A. A person that has had issuance of a tow truck permit decal denied or suspended has a right to a hearing.
1. The Director or designee may combine requests for hearings into one hearing where there are common parties or issues.
2. The hearing shall be conducted by the Office of Administrative Hearings pursuant to A.R.S. § 41-1092, et seq.
B. A person shall make a request for a hearing in writing to the Department within 30 calendar days from receipt of the notice of denial or suspension. If the request for a hearing is not received within the 30-day period, the person’s right to a hearing is waived, unless the person shows that failure to timely request a hearing was beyond the person’s control.
C. If a hearing is requested, the Department shall notify the person in writing at least 30 calendar days before the date set for hearing and include the following in the notice:
1. A statement of the time, place, and nature of the hearing;
2. A statement of the legal authority and jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of the statutes and rules involved; and
4. A short and plain statement of the matters asserted.
D. A final administrative decision shall be issued pursuant to A.R.S. § 41-1092.08.
1. A copy of the decision shall be mailed to each party.
2. Within 35 calendar days after the date of service of the final decision rendered in the hearing, an appeal may be taken to the Superior Court of the county in which any of the conditions in A.R.S. § 12-905 apply. Appeals to the Superior Court are governed by the provisions of A.R.S. § 12-901 et seq.