By AMANDA CRESAP
When it comes to the rights of towing agencies that work with BYU students, almost anything goes because the towing industry was deregulated in 1996.
The BYU Off-Campus Housing office is aware of student concerns about the towing issue.
'The towing charge is not necessarily the problem,' said John Pace, Off-Campus Housing manager. 'I think the problem is when the towing is done unjustly. When this occurs, the landlord is considered to be ultimately responsible.'
'As we see it,' Pace said, 'the landlord hired the company. They are responsible if a mistake is made.'
When a student approaches the Off-Campus Housing office with a towing issue, there are two processes used to resolve the issues. These processes include mediation or arbitration, Pace said.
When mediation occurs, the student and landlord come together to settle their differences with a third party mediator. When arbitration occurs, the adjudicatory process includes a three-member hearing panel. Three arbitrators decide the case after hearing both sides of the issue from the two parties, Pace said.
BYU does have some power to control the towing of vehicles from BYU-approved off-campus housing.
'BYU can tell a landlord how much a tow company can charge when towing a vehicle,' said Dave Alder of the Office of Motor Carriers.
'When a complex creates a contract with a tow company, the landlord can designate a rate the towing must comply with in order to be given the contract,' said Tamy Scott of the Office of Motor Carriers.
BYU can designate the towing rate that a landlord sets for BYU-approved housing. BYU administration was unaware of its right to set the towing rate and is presently looking into the issue, said Alton Wade, Student Life vice president.
Although most situations involving the towing of vehicles from private property are not regulated by law, situations that involve a law enforcement agency are covered.
The Motor Carrier Industry was deregulated in July 1996. The towing industry was included in this deregulation act, said Dave Alder of the Office of Motor Carriers.
The only existing towing regulations are the regulation of safety, insurance and rate and tariff for police calls, Alder said.
The Motor Carrier Act of 1993 designates the price a tow company can charge for three types of tows.
According to section 54-6-42.5, article 1b of the Utah Criminal and Traffic Code, the only set towing prices are for vehicles transported in response to a peace officer dispatch call, a Motor Vehicle Division call and any other call where the owner of the vehicle has not consented to the removal of his vehicle.
The maximum price for the above type of call is $80. BYU students usually do not fall under the division of individuals who do not consent to having their vehicle removed.
'The no-consent applies to police dispatch calls when the driver doesn't realize their vehicle is being towed,' said Tamy Scott of the Office of Motor Carriers.
When a towing company transports a vehicle from a private parking lot, the price is designated by the company, Alder said.
When a tow company impounds a vehicle from a private parking lot, there are procedures that the company must comply with.
As designated in section 41-6-191, article 1a of the Utah Criminal and Traffic Code, after a tow company impounds a vehicle without the owner's knowledge, the company must notify the law enforcement agency with jurisdiction over the area from which the vehicle was towed within one hour.
The company must notify the agency of the location of the vehicle, the date, time and location from which the vehicle was removed, the reasons for the removal of the vehicle, the person who requested the removal of the vehicle and the vehicle's description -- including its identification number and license number.
Within five days of performing the tow, the tow company must send a certified letter to the last known address of the registered owner of the vehicle with the same information cited above.
Provo City cannot control the towing that occurs on private property, said Alice Lundskog of the City Attorney's Office.