It is enacted by the General Assembly as follows:

SECTION 1. Title 39 of the General Laws entitled "Utilities and Carriers" is hereby amended by adding thereto the following chapter:

{ADD 39-12.1-1. Declaration of purpose and policy. -- ADD} {ADD The legislature hereby finds the following legislation to be in the public interest for these reasons:

WHEREAS, A tow truck in the hands of an incompetent operator is a dangerous instrumentality; and

WHEREAS, The public has an inherent right to ready access to the name, location, and telephone number of certificated towers, and

WHEREAS, The operation of a tow truck on the public highway with a vehicle in tow is a dangerous instrumentality exposing others on or about the highway to loss or damage, which must be covered by adequate insurance; and

WHEREAS, The motoring public has a right, when delegating to law enforcement the selection of an operator in the towing-storage business, to expect that the operator selected and responding will be competent;

WHEREAS, The motoring public has a right when delegating to law enforcement the selection of an operator in the towing-storage business, to expect that the charges for the services to be rendered will be reasonable and compensatory, and that the said operator is physically equipped in his business to function properly; and

WHEREAS, The towing and storage of a vehicle without the owner's consent, as is the case in most police instigated tows, requires certain procedures to assure such owner that rights of due process of law are not violated; and

WHEREAS, The owner or person in control of private property of real estate has a right to be free from trespass by vehicle on the same; and to have any such trespassing vehicle removed at owners expense; and

WHEREAS, The police powers delegated by the legislature of the state include the power of the police, even without the owner's consent, to have public ways cleared of conditions which, in the opinion of the officer, creates a hazardous condition to the motoring public; to have removed abandoned, abandoned and of no value and unattended vehicles; to have removed and/or relocated vehicles in violation of parking ordinances; and to have removed any vehicle under control of any person arrested for any criminal offense; and

WHEREAS, The process of selection of the operator of a towing-storage business for police work is unique in that law enforcement, though having the legal duty to order the work, has no legal duty to pay costs and charges connected therewith, the same being the duty of the vehicle owner. ADD}

{ADD 39-12.1-2. Definitions. -- ADD} {ADD As used in this chapter, the following words shall have the meaning as hereinafter set forth.

"Police department" means the police department of a city or town or the Rhode Island state department.

"Abandoned vehicle" means (1) a vehicle that is inoperable and over eight (8) years old and is left unattended on public property for more than forty-eight (48) hours, or (2) a vehicle that has remained illegally on public property for a period of more than three (3) days, or (3) a vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days.

"Abandoned vehicle of no value" means (1) a motor vehicle that is inoperable and over ten (10) years old and is left unattended on public property for more than forty-eight (48) hours, or (2) a vehicle that has remained illegally on public property for a period of more than three (3) days, or (3) a vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, and meets the following criteria:

(1) The vehicle has no evidence of current registration in or upon the vehicle; and

(2) The vehicle has a fair market value of five hundred dollars ($500) or less; and

(3) The vehicle does not have a valid inspection sticker.

"Registered owner" means the person recorded in the registry of motor vehicles as being the one to whom the registration of said vehicle was issued.

"Legal owner" means the person who has obtained ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the registry of motor vehicles.

"Private trespass" means the unattended presence of a vehicle on private property without the consent of the owner or person in control thereof.

"Possessory lien" means the right to retain possession of a vehicle and motor vehicle registration plates against all claims of the owner and/or security lien or until all charges are paid for recovery, towing, storage in accordance with the certificated tower's tariff.

"Tow truck" means any motor vehicle designed and/or ordinarily used for the purpose of towing or removing vehicles or assisting disabled motor vehicles.

"Unattended vehicle" means any vehicle other than an "abandoned vehicle" or "abandoned vehicle of no value" as which meets the following criteria:

(1) Left unoccupied in a place or for a time period prohibited by law or municipal ordinance or so as to cause traffic congestion or hazard; or

(2) From which the operator or owner thereof has been removed by any member of a police department in the performance of his official duties; or

(3) Left on public or private property without the consent of the owner or person in control thereof, or one having the exclusive right to the use thereof.

"Certificated tower" means carrier possessing a certificate of public convenience and necessity issued by the public utilities administrator for the purpose of transporting vehicles by tow-away method.

"Vehicle" means any motor vehicle as defined in section 39-12.1-2(m).

"Vehicle survey report" means a report printed in the form provided in section 31-42-1(f). ADD}

{ADD 39-12.1-3. Removal of abandoned, abandoned and of no value and unattended vehicles. -- ADD} {ADD (a) Any member of any police department or the owner or person in control of private property may order the removal of any abandoned or unattended vehicle or, any member of any police department, upon completion of a vehicle survey report, as defined herein, may order the removal of any abandoned vehicle of no value by a certificated tower and may instruct said certificated tower to remove said vehicle to its own place of storage.

(b) The last registered owner and/or the legal owner, or the person who left a vehicle in a position so that the same becomes abandoned, abandoned and of no value or unattended shall be liable for all reasonable costs of recovery, towing and storage in accordance with the certificated towers' tariff.

(c) Any member of a police department observing a vehicle on or near a public way which appears to be abandoned, abandoned and of no value or unattended shall tag the same by affixing securely to the same a colored form, or by using an easily observable sticker. Said tag or sticker shall show:

(1) the date and time of tagging, and the name and telephone number of the police department;

(2) that the vehicle will be removed pursuant to this chapter unless the vehicle is removed after forty-eight (48) hours, provided, however, the police officer may order the immediate removal of said vehicle without prior tagging as herein provided if it is parked illegally, causes traffic congestion or hazard or when the operator is not allowed to continue to operate said vehicle after having been detained for operating in violation of the law.

(d) No person in possession of a vehicle which, in the opinion of the police officer in charge of the scene, needs to be removed to another location, shall be denied the right to have any certificated tower of his choice attend to the removal; provided, however, that allowing such choice does not cause a continuation of traffic congestion or of a hazardous condition on the highway which said police officer is able to eliminate by other means. When the hazardous condition has been eliminated, the said person's choice shall be employed to remove said vehicle to the place selected by such person in possession. ADD}

{ADD 39-12.1-4. Notice and processing of abandoned and unclaimed motor vehicles by certificated tower. -- ADD} {ADD (a) A certificated tower removing an abandoned or unattended vehicle shall notify within fourteen (14) days thereof, by registered mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record at the address shown in the records of the appropriate registry in the state in which said vehicle is registered that the vehicle has been taken into custody. The notice shall be substantially in the form provided in section 39-12.1-13 and shall describe:

(1) the year, make, model and serial number of the vehicle.

(2) the name, address and telephone number of the certificated tower.

(3) that vehicle is in the possession of that certificated tower.

(4) that recovery, towing and storage charges are accruing as a legal liability of the registered and/or legal owner.

(5) that the certificated tower claims a possessory lien for all such charges.

(6) that the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff.

(7) that should the registered and/or legal owner consider that the original taking was improper or not legally justified, he has a right to file an administrative complaint pursuant to chapter 12 of title 39 to contest such original taking.

(8) that if no claim is filed and the vehicle is not claimed and possession retaken or arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and said vehicle will be sold at public auction.

(9) that the proceeds of the sale shall be first applied to recovery, towing, and storage charges with and excess proceeds being deposited as provided in accordance with section 39-12.1-9(d)(3) hereof.

(10) that any recovery, towing and storage charges in excess of the sale proceeds shall remain as a civil obligation of the registered and/or legal owner.

(b) If the identity of the last registered owner cannot be determined from the records of the appropriate registry in the state in which the vehicle is registered, or if the registration contains no address for the ownership or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one (1) publication in one (1) newspaper of general circulation in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all requirements of notice pursuant to this chapter. Such notice by publication may contain multiple listings of abandoned or unattended vehicles. Any such notice shall be within the time requirements prescribed for notice by registered mail and shall have the same contents required for a notice by registered mail. ADD}

{ADD 39-12.1-5. Special procedure regarding certain abandoned vehicles. -- ADD} {ADD (a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined herein is at least ten (10) years old, or less than ten (10) years old and has altered vehicle identification number, has not been registered within one year, has no established fair market value and would not pass a safety inspection pursuant to chapter 38 of title 31 a certificated tower shall not be required to comply with the provisions of Rhode Island general laws section 39-12.1-4.

(b) If a police department takes possession or orders the removal of a vehicle which meets the requirements of this section the police department shall request that the state police conduct a computer search to determine if the vehicle is a stolen vehicle. The police department shall remove the vehicle identification number from the vehicle, and shall maintain a record of all numbers removed from vehicles for a period of two (2) years.

(c) A police department which complies with the provisions of this section may dispose of the vehicle in accordance with the provisions of Rhode Island general laws section 39-12.1-9 five (5) days after the removal of the vehicle identification number. ADD}

{ADD 39-12.1-6. Possessory lien. -- ADD} {ADD Any certificated tower coming into possession of a vehicle in any lawful manner, shall have a possessory lien on such vehicle and registration plates, so long as it retains possession, and if it has conformed in full with the provisions of sections 39-12.1-4 and 39-12.1-8. Such lien shall be in an amount in accordance with its published tariff. ADD}

{ADD 39-12.1-7. Thirty (30) day waiting period. -- ADD} {ADD Any certificated tower in possession of any vehicle subject to a possessory lien for a period in excess of thirty (30) consecutive days, and not having been compensated in accordance with its published tariff, is authorized to give notice and proceed to foreclosure as provided in 39-2.1-8 and 39-2.1-9. ADD}

{ADD 39-12.1-8. Notice prior to enforcement of possessory lien. -- ADD} {ADD (a) Prior to enforcement of its possessory lien as provided in section 39-12.1-9, the certificated tower shall give notice by registered mail, return receipt requested, to the last known registered owner and all known lienholders of record, at the address shown on the records appropriate of the registry, in the state of which such vehicle is registered, substantially in the form provided in section 36-12.1-14, stating:

(1) that no complaint having been filed and that the vehicle has not been claimed or possession retaken or arranged for within thirty (30) days of the notice given pursuant to section 39-12.1-4.

(2) that the certificated tower claims a possessory lien for all recovery, towing and storage charges.

(3) that the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificated tower pursuant to its published tariff; and

(4) that if the vehicle is not claimed and possession retaken, or arranged for, within ten (10) days of the mailing of the notice, the lien will be foreclosed and said vehicle will be sold at public auction;

(5) the date, time and place at which said public auction shall occur.

(6) that any charges in excess of the sale proceeds shall remain as a civil obligation of the owner.

(b) If the identity of the last known registered owner and/or the lienholders cannot be determined by a request to the appropriate registry in the state in which such vehicle is registered, notice by the certificated tower pursuant to section 39-12.1-4(b) shall be sufficient notice prior to foreclosure of the possessory lien; provided, however, in such instance, no such foreclosure shall occur prior to sixty (60) days after the date of notice by said certificated tower.

(c) During such sixty (60) day period, provided for in section 39-12.1-9(b) should the last registered and/or legal owner receive actual notice containing the items referred to in subparagraph (a) above, the certificated tower may proceed with lien foreclosure procedures set forth in this chapter.

(d) Notwithstanding the fact that the last registered owner of said vehicle proves that said vehicle has been sold to another owner but that the registration has not been transferred, the last registered owner shall remain primarily liable to said certificated tower for all charges incurred for towing and storage charges less whatever proceeds are realized at the foreclosure sale.

(e) In the event it shall be determined that failure to locate the last registered and/or legal owner and/or lienholders was caused by any misinformation furnished by any agency of government, or because of lack of information which such agency has the legal duty to provide, and providing that said certificated tower shall have exercised its best efforts to locate said last registered and/or legal owner and/or lienholders such certificated tower shall be absolved of any civil duty to the lawful owner of said vehicle, and shall have complete defense against any criminal charges growing out of the disposal of such vehicle as hereinabove provided. In this regard, a certificated tower shall rely on the performance of law enforcement to comply with statutes dealing with the reporting of vehicles reported stolen. (In addition, proof by the certificated tower of having made inquiry of the appropriate registry in the state in which the vehicle is registered in manner required by said registry shall constitute best efforts.) ADD}

{ADD 39-12.1-9. Foreclosure of lien. -- ADD} {ADD (a) Any vehicle subject to a possessory lien as provided for in section 39-12.1-6, not redeemed by its owner within a period of ten (10) days from the date of the notice sent in conformity with section 39-12.1-8(a) or sixty (60) days from the date of notice sent in conformity with sections 39-12.1-4 and 39-12.1-8(b), may be sold at a nonjudicial public auction.

(b) In addition to the notice required pursuant to sections 39-12.1-8(a) or 39-12.1-4 and 39-12.8(b) notice of such sale shall be:

(1) published in a newspaper of general circulation in the county, in which the address of the registered owner is located or in which the business of the certificated tower is located if the identity of the last registered owner cannot be determined at least once, at least ten (10) days prior to said sale; and

(2) posted in the certificated towers' place of business; and

(3) mailed by registered mail, return receipt requested, to the officer-in-charge of the police department or person who instigated the initial tow.

(c) The purchaser of a vehicle sold at auction pursuant to the provision of this chapter shall take title to the vehicle free and clear of all liens and claims of ownership. The certificated tower selling said vehicle shall give said purchaser a sales receipt, bill of sale and affidavit of compliance with the provisions of this chapter. Upon presentation of said sales receipt, bill of sale and affidavit of compliance to the registry of motor vehicles, said registry shall (1) cause any prior title and/or registration to said vehicle, to be cancelled and revoked and (2) shall issue to said purchaser a new title and registration.

(d) The proceeds from the foreclosure sale shall be distributed to the extent available as follows:

(1) first to pay for the expenses of the auction.

(2) second, to pay the certificated tower for the costs of recovery, of towing and storage of said vehicle in accordance with its published tariff.

(3) any remainder from the proceeds of sale shall be deposited with the general treasurer of the state of Rhode Island to be held in a restricted account for the registered or legal owner or entitled lienholder. All sums held by the public utilities commission for a period of three (3) or more years for which no claim has been made by the registered and/or legal owner or lienholder shall be presumed abandoned and shall revert to the general fund in accordance with section 33-21-2.1. ADD}

{ADD 39-12.1-10. Special procedures regarding the disposal of abandoned vehicles of no value. -- ADD} {ADD Notwithstanding any provision of the general laws to the contrary, a police department which orders the removal of, or which takes into custody an abandoned vehicle of no value shall hold such vehicle for a period of not less than ten (10) days. After said ten (10) days, the police department or its authorized representative shall remove the vehicle identification number from the vehicle and shall maintain a record of the number removed from said vehicle for a period of not less than one (1) year. After said ten (10) day period such vehicle shall be demolished. A demolisher who receives an abandoned vehicle of no value from a police department or certificated tower directed by said police to deliver said abandoned vehicle of no value shall demolish the entire vehicle as received within fourteen (14) days of the receipt of such vehicle. Within seven (7) days thereafter, the demolisher shall provide the police department and the certificated tower which delivered the vehicle for demolition with a certificate attesting that the vehicle has been demolished in accordance with this section. Such certificate shall be kept on file by the police department and the certificated tower for a period of one (1) year. ADD}

{ADD 39-12.1-11. Pre-existing impoundments. -- ADD} {ADD Any certificated tower having in its possession any vehicle for sixty (60) days or longer, of whatever value and regardless of how it came legally into possession thereof, are hereby presumed to have a valid possessory lien on said vehicle and may proceed to foreclosure after giving notice as provided herein in sections 39-12.1-4 and 39-12.1-8 of said lien. ADD}

{ADD 39-12.1-12. Private trespass towing. -- ADD} {ADD (a) The owner or person in control of any parcel of property may cause to be removed therefrom vehicles which are trespassing upon said property without the consent of said owner or person in control of said property not less than twelve (12) hours after placing a notice requiring the removal of said vehicle on said vehicle therefrom by retaining in writing a certificated tower to remove said trespassing vehicle and relocate the same to its private impoundment lot; and this procedure may be undertaken and accomplished without the need to resort to judicial process; provided, however that such impoundment lot shall be within ten (10) miles of the point of removal and provided further that such lot shall be open for business to release such vehicle the same hours it is open to receive the same; and provided further that there shall be posted on the outside of the office of such lot the said business hours.

(b) All charges for towing, in accordance with the published tariff and storage shall be borne by the last registered and/or legal owner of said vehicle for which said charges the said certificated tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that should said last registered owner and/or legal prove through judicial process that the said vehicle was not in fact trespassing on the property of said owner or person in control, such charges shall be borne by the said owner or person in control of such property who ordered the said towing, removal, relocation and storage. Such last registered and/or legal owner shall, however, as a prerequisite to procedure to recover said charges, from the owner or person in control of said property, pay in full all charges assessed due said certificated tower in accordance with its published tariff.

(c) A certificated tower shall remove vehicles from private property at the direction of the owner or person in control thereof only upon receiving said direction in writing, along with a copy of the notice to remove placed on said vehicle, which writing and notice shall be kept in the records of the certificated tower and which writing and notice shall be a complete defense to any civil and criminal charges resulting from said removal. ADD}

{ADD 39-12.1-13. Form of notice. -- ADD}

{ADD TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDERS) ADD}

{ADD You are hereby given notice that a ADD} {ADD __________________________ ADD} {ADD (year, make, and model of vehicle) serial number ADD} {ADD ___________________________ ADD} , {ADD is being stored at ADD} {ADD

_____________________________________________ ADD} {ADD (name, address and telephone number of storage facility). The vehicle is in the possession of ADD} {ADD

______________________________________________ ADD} {ADD (name, address and telephone number of certificated tower), having been towed at the direction of ADD} {ADD __________________________________ ADD} {ADD (name of police department or person ordering tow) because ADD} {ADD _______________________________________ ADD} {ADD (reason for tow). ADD}

{ADD You are given notice that recovery, towing and storage charges, for which the registered and/or legal owner is liable, are accruing and that ADD} {ADD _______________________ (tower's name, address and telephone number) has claimed a possessory lien, pursuant to Rhode Island general laws section 39-12.1-6, for said charges. You may take possession of said vehicle at any time during regular business hours by appearing with a police release, if required, and payment of all charges accrued to date of retaking.

If you claim that the original towing was improper or not legally justified you may contest such towing by filing a complaint within ten (10) days from the date hereof with the Public Utilities Commission, provided that security in an amount and form complaint satisfactory to said Public Utilities Commission is posted with the filing of said complaint.

You are further given notice that if you fail to file a complaint or fail to retake possession of said vehicle, said vehicle will be sold at public auction and the proceeds of said sale will be first applied to recovery, towing and storage charges with any excess to be deposited with the public utilities commission to be held in an account for the registered or legal owner or entitled lienholders as provided for in section 39-12.1-9(d)(3).

You are further given notice that any recovery, towing and storage charges in excess of the sale proceeds shall remain as a civil obligation of the owner. ADD}

{ADD ____________________________________ ADD}

{ADD ___________________________________ ADD}

{ADD (Name and address of certificated ADD}

{ADD tower or attorney) ADD}

{ADD 39-12.1-14. Form of foreclosure notice. -- ADD} {ADD TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDER) ADD}

{ADD You are hereby given notice that no complaint having been filed and the vehicle not having been claimed or possession retaken or arranged for in accordance with the notice given on ADD} {ADD ________________ ADD} {ADD (date of first notice) that recovery, towing and storage charges for which the registered and/or legal owner is liable have and are accruing and the ADD} {ADD

__________________________________ ADD} {ADD (tower's name, address and telephone number) is claiming a possessory lien, pursuant to Rhode Island general laws section 39-12.1-6, for said charges. You may take possession of said vehicle at any time during regular business hours by appearing with a police release, if required, and payment of all charges accrued to date or retaking.

You are further given notice that if you fail to retake possession of said vehicle, said vehicle will be sold at public auction at ADD} {ADD ________________ ADD} {ADD (time of sale) on ADD} {ADD ____________________ ADD} {ADD (date of sale) at ADD} {ADD ______________________ ADD} {ADD (address of location of sale). ADD}

{ADD You are further given notice that the proceeds from said sale will be distributed as provided for in said first notice. ADD}

{ADD ____________________________ ADD}

{ADD (name and address ADD}

{ADD of tower or attorney) ADD}

{ADD 39-12.1-15. Enforcement and administration of chapter. -- ADD} {ADD The public utilities administrator shall supervise, regulate and enforce the provisions of this chapter. ADD}

SECTION 2. Sections 31-42-3.1 and 31-42-10 of the General Laws in Chapter 31-42 entitled "Abandoned Motor Vehicles" are hereby repealed in their entirety.

{DEL 31-42-3.1. Special procedure regarding certain abandoned motor vehicles. -- DEL} {DEL (a) If an abandoned motor vehicle, as defined in section 31-42-1 is at least ten (10) years old, or less than ten (10) years old and has an altered vehicle identification number, has not been registered within one (1) year, has no established fair market value and would not pass a safety inspection pursuant to chapter 34-38 a police department shall not be required to comply with the provisions of section 31-42-3.

(b) If a police department takes possession of a motor vehicle which meets the requirements of this section, the police department shall request that the state police conduct a computer search to determine if the motor vehicle is a stolen vehicle. The police department shall remove the vehicle identification number from the vehicle, and shall maintain a record of all numbers removed from motor vehicles for a period of two (2) years.

A police department which complies with the provisions of this section may sell the abandoned vehicle in accordance with the provisions of section 31-42-4 five (5) days after the police department takes possession of it. DEL}

{DEL 31-42-10. Special procedures regarding the disposal of abandoned motor vehicles of no value. -- DEL} {DEL Notwithstanding any provision of the general laws to the contrary, a police department which takes into custody an abandoned motor vehicle of no value shall hold such vehicle for a period of not less than ten (10) days. After said ten (10) days, the police department or its authorized representative shall remove the vehicle identification number from the vehicle and shall maintain a record of the number removed from said vehicle for a period of not less than one (1) year. After said ten (10) day such vehicle shall be demolished. A demolisher who receives an abandoned motor vehicle of no value from a police department shall demolish the entire vehicle as received within fourteen (14) days of the receipt of such vehicle. Within seven (7) days thereafter, the demolisher shall provide the police department and the towing company which delivered the vehicle for demolition with a certificate attesting that the vehicle has been demolished in accordance with this section. Such certificate shall be kept on file by the police department and the towing company for a period of one (1) year. DEL}

SECTION 3. Section 39-12-4 of the General Laws in Chapter 39-12 entitled "Motor Carriers of Property" is hereby amended to read as follows:

{ADD 39-12-4. General powers and duties of the administrator. -- ADD} (a) It shall be the duty of the administrator:

(1) to regulate common carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to continuous and adequate service, uniform system of accounts, records and reports, and preservation of records;

(2) to regulate contract carriers by motor vehicle as provided in this chapter, and, to that end, the administrator may establish reasonable requirements with respect to uniform system of accounts, records, and reports, and preservation of records;

(3) to administer, execute, and enforce all provisions of this chapter, to make all necessary orders in connection therewith, and to prescribe rules, regulations, and procedure of administration;

(4) For the purposes of the administration of the provisions of this chapter, to inquire into the management of the business of motor carriers and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of the persons is related to the management of the business of one or more motor carriers, and the administrator shall keep him or herself informed as to the manner and method in which the same are conducted, and may obtain from the carriers and persons the information as the administrator deems necessary to carry out the provisions of this chapter.

(b) The administrator may from time to time establish the just and reasonable classifications of groups of carriers included in the term "common carrier," or "contract carrier," as the special nature of the service performed by the carrier shall require; and such just reasonable rules, regulations, and requirements, consistent with the provisions of this chapter, to be observed by the carriers so classified or grouped, as the administrator deems necessary or desirable in the public interest.

(c) Upon complaint in writing to the administrator by any person, organization, or body politic or upon his or her own initiative without complaint, the administrator may investigate whether any motor carrier has failed to comply with any provisions of this chapter, or with any requirements established pursuant thereto. If the administrator, after notice and hearing, finds upon any investigation that the motor carrier has failed to comply with any provisions or requirement, the administrator shall issue an appropriate order to compel the carrier to comply therewith. Whenever the administrator is of the opinion that any complaint does not state reasonable grounds for investigation and action on his or her part, he or she may dismiss the complaint. Whenever a formal investigation shall be made by the administrator, it shall be his or her duty to make a report in writing in respect thereto, which shall state the conclusions of the administrator, together with his or her decision, order, or requirement in the premises. All reports of investigations made by the administrator shall be entered of record, and a copy thereof shall be furnished to the party who may have complained and to any common carrier or contract carrier that may have been complained of.

(d) The copies of schedules and classifications and tariffs of rates and charges, and all agreements and arrangements between common carriers filed with the administrator as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers filed with the administrator, as required under the provisions of this chapter, shall be preserved as public records in the custody of the administrator, and shall be received as prima facie evidence of what they purport to be for the purpose of investigation by the administrator and in all judicial proceedings, and copies of and extracts from any of the schedules, classifications, tariffs, agreements or arrangements, or reports, made public records as aforesaid, certified by the administrator, under the administrator's seal, shall be received in evidence with like effect as the originals.

(e) The administrator may establish reasonable requirements with respect to maximum hours of service of employees and safety of operation and equipment.

{ADD (5) To administer, execute and enforce all provisions of chapter 39-12.1 and to make all necessary orders in connection therewith and to prescribe rules, regulations and procedure of administration. ADD}

SECTION 4. This act shall take effect upon passage.