Tow Truck Regulations

The Ohio General Assembly passed House Bill 87, and it was signed by Gov. Bob Taft on

March 30, 2003 . HB 87 removes the exemption for tow trucks hauling wrecked or disabled vehicles. They now fall under Public Utilities Commission of Ohio (PUCO) jurisdiction under Ohio Revised Code (ORC) 4921.07 and ORC 4921.02.

Just like motor carriers that haul everything from produce to hazardous materials, for-hire tow trucks operating on Ohio’s roadways must register with the PUCO. For-hire towing companies must also follow federal motor carrier safety regulations governing maintenance and repair, record keeping, driver licensing, drug and alcohol testing, and hours of service. The PUCO conducts regular inspections to ensure that tow truck operators are in compliance with the federal rules and assesses fines when violations are detected.

Several categories of tow truck operators are exempt from PUCO registration requirements and federal motor carrier safety regulations, including:

• Owners of tow trucks used for private business and not for-hire (This category includes salvage yards hauling only vehicles purchased for salvage and companies that operate tow trucks to service fleet vehicles.).
• For-hire tow truck companies that operate entirely within one or more contiguous municipal areas.
• Government agencies.

The PUCO does not have the authority to set towing rates or vehicle impoundment fees and does not regulate the customer service quality or operating boundaries of tow truck companies. Questions and concerns regarding the service of a particular towing company should be directed to the Ohio Attorney General or the Better Business Bureau.

Safety Rules

The PUCO has adopted the Federal Motor Carrier Safety Regulations (FMCSR) under Ohio Administrative Code (OAC) 4901:. These safety rules will apply to commercial motor vehicles as defined in the Code of Federal Regulations (CFR)49 Part 390.5.

All motor carriers must maintain a driver qualification (DQ) file for each driver they use, which includes all items in CFR49 Part 391.51.

All motor carriers must comply with hours of service regulations and maintain record of duty status, or, as the industry knows them, log books, for a period of 6 months, as required by CFR49 Part 395.8. If you operate locally then you can use the exception found in CFR49 Part 395.1(E). 

All motor carriers must maintain maintenance records as required in CFR49 Part 396.3. All drivers must complete a daily inspection of each vehicle operated listing any and all safety defects, and carriers must maintain these inspections as required by CFR49 Part 396.11 and effect repairs of safety items before the commercial motor vehicle may be dispatched again.

All motor carriers are required to have all commercial motor vehicles inspected on an annual basis, and documentation that the commercial motor vehicle passed the inspection must be carried on board as required in CFR49 Part 396.17.

Alcohol and Drug Testing is required by CFR49 Part 382 if the size and or weight of the commercial motor vehicle requires the driver to possess a commercial drivers license (CDL) as required in ORC 4506.

Note: The definition of a commercial motor vehicle in CFR49 Part 383.5 is for that part only.