July 2015 | Published by Texas Department of Licensing & Regulation
Welcome to the July 2015 edition of The Hook-Up, the newsletter created by TDLR staff to communicate with our friends and customers in the towing, vehicle storage, and booting industries. Our goal is to keep you up-to-date on the latest law and rule changes, TDLR policies, upcoming meetings, inspection information, legislative activity, industry news, FAQs and more. We want to hear your thoughts about how we can do a better job of communicating with and serving you, our customers.
We hope that you will find the information here useful and informative. Email thehookup@tdlr.texas.gov with your ideas, comments, and suggestions. We always look forward to hearing from you.
Sincerely,
Bill Kuntz, TDLR Executive Director
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During the now-completed 84th Session of the Texas Legislature, three bills affecting the towing and vehicle storage facility industries were passed and subsequently signed into law by Governor Greg Abbott:
HB 2213 - Relating to the tow rotation list in certain counties. This bill amended Sec. 2308.209(b)(1) of the Texas Occupations Code, adding Montgomery County to the counties that fall within the requirements for tow rotations. Signed by the Governor 5/23/15, effective immediately.
HB 804 - Requires the operator of a VSF to accept each of the following forms of payment for any charge associated with delivery or storage of a vehicle:
(1) cash;
(2) debit card; and
(3) credit card.
HB 804 also prohibits a VSF from refusing to release a vehicle based on the inability of the facility to accept payment by debit card or credit car for fees or charges associated with delivery or storage of the vehicle, unless the VSF operator, through no fault of their own, is unable to accept the debit card or credit card because of a power outage or a machine malfunction. Effective 9/1/15.
SB 1820 - Clarifies that the term “tow truck” does not include a truck-trailer combination that is owned or operated by a dealer licensed under Chapter 2301 (Sale or Lease of Motor Vehicles) and used to transport new vehicles during the normal course of a documented transaction in which the dealer is a party and ownership or the right of possession of the transported vehicle is conveyed or transferred; or a car hauler that is used solely to transport, other than in a consent or nonconsent tow, motor vehicles as cargo in the course of a prearranged shipping transaction or for use in mining, drilling, or construction operations. Signed by the Governor 5/23/15, effective immediately.
For more information on SB 1820, see the FAQs below.
1. I am a car hauler who only moves vehicles for dealerships. Do I need a license with TDLR?
No, if you use a truck and trailer combination owned by the new car dealer you are hauling for, and you are moving new vehicles as part of a transaction in which the dealer is a party, then you do not need to be licensed by TDLR.
“Transactions” include but are not limited to:
- Delivering new cars from the manufacturer or a shipping terminal;
- Delivering new vehicles to the new owner or person leasing the vehicle;
- Inventory swaps with other new vehicle dealerships.
2. I have a four-car hauler and only pick up vehicles from VSF’s and take them to salvage dealers. Do I need a TDLR license?
No. If you ONLY transport these vehicles as cargo as part of a pre-arranged shipping transaction you do not need a TDLR license.
3. I move trucks to the oil fields on a low boy trailer. Do I need to be licensed with TDLR?
No, because you are moving the vehicles for use in mining, drilling, or construction operations.
4. I have a new car dealership and a tow company license because we have a tow truck we use to pick up cars for repair. When that tow truck is busy, may we use our truck-trailer car hauler on an occasional emergency basis to pick up cars for repair without a truck permit or tow license for the operator?
No. The exemption only applies when a new vehicle is being transported in the course of a transaction in which the ownership or right to possess and use the vehicle, such as in a sale, trade or lease, has been transferred to or from the dealership. Picking up a car and taking it to a repair shop is a tow, and both the truck and truck operator would need TDLR licenses to do so.
5. If I own the truck-trailer combination and the dealership does not, do I need a TDLR tow truck and tow operator license?
No, so long as you are hauling the vehicles as part of a prearranged shipping transaction and have documentation in the truck to show proof of the prearranged shipping transaction.
Below are some pictures of common car haulers. Whether or not they need a license depends on the type of tow being performed.
TDLR's East Region Inspectors conducted a Tow Truck Round-Up in Northwest Houston on Wednesday, May 20, 2015. The first truck showed up bright and early at 6:45 a.m. and inspections took place until 5:30 p.m. By the end of the day, the team had inspected 218 tow trucks and 146 companies, for a total of 364 inspections, the biggest Round-Up event ever hosted by TDLR.
In addition, this was all accomplished under rainy, windy, and muddy weather conditions, including a destroyed tent! Congratulations and thank you to all of the East Region team, the drivers, operators and companies on a hugely successful Round-Up.
TDLR is pleased to announce that beginning July 17, 2015, renewal notices will be sent by email for those individual license types with online renewal, including tow operators, booting operators, and VSF employees. When you receive your renewal email, look for the link which you can click and go directly to our online renewal screens.
We will now send you up to four renewal reminders:
- Email renewal notice 90 days before your expiration date;
- If you haven’t renewed: email renewal notice 60 days before your expiration date;
- If you still haven’t renewed: paper renewal notice 30 days before your expiration date;
- Finally, one last attempt by email 15 days before your expiration date.
Keep in mind, we will only send you a reminder if you haven't yet renewed. Once you renew, the reminders will stop. We hope this new feature will help cut down on missed communications and late renewals, and more importantly, save you from spending money on late fees when renewing.
Questions or concerns? Email us at thehookup@tdlr.texas.gov
This edition’s Inspector Spotlight introduces North Region Field Inspector Soyica White. Soyica has been with TDLR for four years, inspecting Barber Shops, Cosmetology Salons, and Barber & Cosmetology Schools. As if that isn’t enough, Soyica also inspects Tow Trucks, Tow Companies, Vehicles Storage Facilities & Booting Companies!
Soyica describes himself as a “people person” and one of the things that he truly enjoys about his career with TDLR is being able to meet new people from all walks of life.
When he isn’t working, which would seem to be not often enough, he truly enjoys traveling and exploring new places, blogging, playing racquetball, weightlifting, hiking and many other outdoor activities.
Be sure to say "hi" to Soyica if you see him out in the field!
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The Texas Commission of Licensing and Regulation is scheduled to meet Wednesday, July 29 at 8:00 a.m. in the 1st Floor Public Meeting Room (125E) of TDLR's North Campus, located at 1106 Clayton Lane in Austin. The agenda will be posted when it is set. The meeting will be broadcast live on TDLR's web site.
Look for the next edition of The Hook-Up in Fall 2015!
Questions or comments? Email us at thehookup@tdlr.texas.gov
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