61-8-906. Liability insurance -- storage requirements. (1) Notwithstanding the provisions of 61-6-301, a commercial tow truck operator shall continuously provide:
     (a) insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property caused by the maintenance or use of a commercial tow truck, as defined in 61-9-416, or occurring on the business premises of a commercial tow truck operator in an amount not less than:
     (i) $300,000 for class A tow trucks;
     (ii) $500,000 for class B tow trucks; and
     (iii) $750,000 for class C tow trucks;
     (b) insurance in an amount not less than $20,000 to cover the damage to cargo or other property entrusted to the care of the commercial tow truck operator; and
     (c) garage keepers legal liability insurance or on-hook liability insurance in an amount not less than $50,000.
     (2) A commercial tow truck operator shall provide proof of the insurance required in subsection (1) to the department.
     (3) A qualified tow truck operator shall provide a storage facility, either a fenced lot or a building, that is:
     (a) adequate for the secure storage and safekeeping of stored vehicles;
     (b) located in a place that is reasonably convenient for public access;
     (c) available to public access between 8 a.m. and 5 p.m., Monday through Friday, excluding legal holidays;
     (d) large enough to store all the vehicles towed for law enforcement agencies; and
     (e) if a fenced lot, constructed of chain link at least 6 feet high or constructed of materials and in a manner sufficient to deter trespassing or vandalism.

     History: En. Sec. 6, Ch. 283, L. 1995; amd. Sec. 5, Ch. 88, L. 2003; amd. Sec. 116, Ch. 114, L. 2003; amd. Sec. 72, Ch. 130, L. 2005; amd. Sec. 1, Ch. 224, L. 2009.