Towing Rules - New Mexico Public Regulation Commission

54 Towing claims that the Albuquerque scenario is possible, but "in most cases
it does not happen." The objection continues: "In a situation where several hours
of waiting time is needed and in question, the [Commission’s] investigator can
verify arrival and completion times with the police dispatch as part of their [sic]
investigation process."
At the hearing, McKinley County tow operators said that almost every
nonconsensual tow involved waiting time and that investigators could verify arrival
and departure times through police dispatch records. (TR at pp. 171-72, 194) Staff
disputed this (TR at pp. 54-55) and asserted that waiting time is not a legitimate
cost. (TR. at p. 123) It is by no means clear that law enforcement makes a record
of when towing services arrive and depart. Given the potential for abuse and the
possibility of towing services making arrangements like the ones in Albuquerque,
this exception should be denied.
10. The Commission has made minor stylistic changes and changes for
consistency to the version of the tariff that is attached to the RD.
IT IS THEREFORE ORDERED:
A. The Decretal Paragraphs contained in the Recommended Decision are
incorporated by reference as if fully set forth herein and are ADOPTED, APPROVED and
ACCEPTED as Orders of the Commission, except as expressly modified or disapproved herein.
B. 54 Towing Corp.’s exceptions are DENIED.
Final Order Revising Wrecker Tariff
And Amending Rule 18.3.15 NMAC
Case No. 10-00334-TR-R
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