Towing Vehicles - 396.9(c)(2) and Interpretation Question 2 Clarification
| Entry Date | March 30, 2026 |
|---|---|
| Issue Number | 26-049-VEH |
| Name | Lane Murphy |
| Agency | Utah Department of Transportation |
| Address | 6563 west Elena streetWest Valley City, UT, 84128United StatesMap It (opens in a new tab) |
| Phone | 4352403712 |
| [email protected] | |
| Committee | Vehicle Committee |
| Status | Open |
| Summary of Issue | Tow Trucks, towing a vehicle that meets the CVSA's Out-of-Service Criteria, such as moving the vehicle from a tow yard to another location that is no longer an emergency to protect the motoring public. |
| Justification or Need | Clarification is sought regarding the application of 396.9(c)(2) and Interpretation Question 2, specifically concerning tow truck operations. The central issue is the practice of tow trucks utilizing this law to operate vehicles that are otherwise out of service, provided the movement utilizes a crane or hoist. Additionally, a question is raised about whether a distinction should be made between the initial tow and any subsequent tows. |
| Request for Action | Seek clarification from the FMCSA regarding the interpretation of section 369.9 (c)(2) and question 2, while updating operational policy 5 concerning subsequent tows that no longer endanger public safety. |