Tow truck businesses in Montana must operate in accordance with the “Montana Professional Tow Truck Act” found in Title 61, Chapter 8, Part 9 of the Montana Code Annotated.
Other important statutes include:
- 61-9-416 Commercial tow truck definition – requirements
- 61-9-411 Certain vehicles to carry flares or other warning devices
- 61-9-431 Use of warning signs, flares, reflectors, lanterns, and flag persons
- 61-12, Part 4 Removal and Sale of Abandoned Vehicles
- 71-3-1201 Who may have lien – agisters’ lien – lien for service – towing and storage lien – extension of lien to certain personal property contained in motor vehicle that is subject to lien
- 75-10-511 Motor vehicle wrecking facility and motor vehicle graveyard licenses
- 75-10-531 Crushing and recycling of junk vehicles
- 75-10-532 Disposition of money collected
Tow truck businesses are also regulated by administrative rules – specifically, Chapter 23.6: Tow Trucks – issued by the Department of Justice.
Other important rules to be aware of include:
- 18.8.408 Tow Cars (Wreckers)
- 18.8.519 Wreckers and/or Tow Vehicle Requirements
- 23.6.105 Tow Truck Complaint Resolution Committee – Establishment
- 23.6.108 Vehicle Tow and Storage Requirements – Insurance
- 23.6.109 Safety Inspection Process
- 23.6.110 General Tow Truck Equipment Safety Standards
- 38.3.712 Commercial Tow Truck Firms – Proof of Required Insurance
Standardized Wrecker Signing
In cooperation with the Montana Department of Transportation, the Montana Tow Truck Association has adopted standardized signs. Warning signs must bear the words “HAZARD AHEAD,” “LANE CLOSED AHEAD,” “ROAD CLOSED AHEAD,” “WRECK AHEAD,” “TOW TRUCK AHEAD” or “WRECKER AHEAD.”
It is highly recommended that Montana tow truck operators follow the wrecker signing guidelines provided in the Manual on Uniform Traffic Control Devices (MUTCD).
State and national minimum standards for acceptable signs are:
- color – orange with black legend and border
- shape – diamond warning sign
- minimum size – 36″ by 36″ on interstate, primary, secondary and urban routes, with five-inch lettering
- reflectivity – must meet MUTCD guidelines for visibility both day and night
- placement – signs must be placed right of the roadway a minimum of 450′ in advance of an accident site when tow trucks are operating
- incidents that require total lane closures cannot be safely diverted without following a DOT-approved sign plan involving significant traffic control measures
MHP Tow Truck Inspection Process
- HQ MV-5 insurance form submitted by insurance company to MHP for each commercial Tow Company location
- MCS inspection completed for all tow truck classifications (A,B,C & D) – contact respective MCS District Captain to arrange for inspection.
- MHP Tow Truck Inspection Report completed for all tow truck classifications (A,B,C & D) – Contact respective MHP District office to arrange inspections.
- Upon successful MCS & MHP tow truck inspection affix new tow sticker in the windshield and / or remove the respective year corner.
- Tow Company will provide the following documents prior to the start of the business inspection.
- Tow Truck Fact Sheet
- Tow Company Driver Information
- Tow Company Equipment Information
- MHP will conduct Business Inspection using the Tow Truck Business Inspection Report
- All paperwork will be forwarded to the District Captain
- All business paperwork will be inspected by the District Captain for accuracy.
- Businesses with approved paperwork will be provided a Letter of Appointment by District Captain.
- Tow Truck Fact Sheet will be faxed to Helena MHP dispatch upon satisfactory completion.
|MHP District||MHP Captain||MHP Office|
|#1 Missoula||Jim Kitchen||(406) 329-1500||JKitchen@mt.gov|
|#2 Great Falls||Robert Armstrong||(406) 453-1121||RArmstrong2@mt.gov|
|#3 Butte||Gary Becker||(406) 533-6620||GBecker@mt.gov|
|#4 Billings||Keith Edgell||(406) 896-4360||KEdgell@mt.gov|
|#5 Glendive||Ed Hilbert||(406) 377-5238||EHilbert@mt.gov|
|#6 Kalispell||Steve Lavin||(406) 755-6688||SLavin@mt.gov|
|#7 Bozeman||Mark Wilfore||(406) 587-4525||MWilfore@mt.gov|
|#8 Havre||Duane Bowers||(406) 265-6420||Dubowers@mt.gov|
|MCS District||MCS Captain||MCS Office||Cell|
|#1 Missoula||Pat Metzger||(406) 523-5814||(406) 544-3736|
|#2 Butte||Mike Poole||(406) 533-3692||(406) 490-1658|
|#3 Great Falls||Jeff McLaughlin||(406) 455-8330||(406) 431-0806|
|#4 Glendive||Eric Belford||(406) 345-8249||(406) 490-8699|
|#5 Billings||Doug Park||(406) 657-0208||(406) 698-8286|
Tow Truck Complaint Resolution Committee
Next Meeting: Office of Consumer Protection’s Conference Room – December 3, 2014 at 1:00 p.m.
Committee members are appointed to three-year terms and may serve more than one term.
|Captain Jim Kitchen, Chair||Highway Patrol|
|Bruce Halcro, Vice Chair||General Public|
|Terry Morrison||Tow Truck Industry, Western Montana|
|Joanne Blyton||Tow Truck Industry, Eastern Montana|
|Frank Molodecki||Commercial Motor Carrier Industry|
|Shaun Peterson||Insurance Industry|
- Manual on Uniform Traffic Control Devices
- Montana Commercial Vehicle Size & Weight & Safety Trucker’s Handbook
- Montana Tow Truck Association
ContactCaptain Jim Kitchin
Montana Highway Patrol
2681 Palmer, Suite B
Missoula, MT 59808-1700
Phone: (406) 329-1510
Fax: (406) 329-1549