23.6.108    VEHICLE TOW AND STORAGE REQUIREMENTS - INSURANCE

(1) For purposes of compliance with the insurance standards of 61-8-906, MCA, an operator's storage facility is deemed to be part of its business premises.

(2) A representative of the patrol or of a local law enforcement agency may request that a qualified operator in the state rotation system improve its storage facility so as to comply with 61-8-906, MCA.  If the operator wishes to contest the request, he or she may file a written complaint with the committee.

(3) Pursuant to 69-12-102, MCA, each and every commercial tow truck operator shall cause proof of insurance coverage to be filed with the Montana public service commission in accordance with ARM 38.3.712, notwithstanding the fact that any individual operator may be a subsidiary of another operator and may be covered by the parent operator's insurance.

(4) For each satellite operation, the tow truck operator must be able to provide proof of current insurance for that location to an inspector upon request.

(5) If the patrol is advised at any time by the public service commission that an operator's insurance is expired or cancelled, the operator will be given 48 hours to correct the problem, then he or she will be removed from the rotation list.

(6) If the operator provides proof of insurance at a later date and is currently certified, the operator will be placed back on the rotation list; such placement is not retroactive.

(7) At the time of the annual safety inspection the operator must provide proof of current insurance to the inspector.  Such proof must be carried in the tow truck at all times.

History: 61-8-911, MCA; IMP, 61-8-906, MCA; NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.