Section 815-RICR-50-00-1.2 - TowersA. The average cost of regular gasoline in Rhode Island will be determined by the Division by averaging the Rhode Island prices posted at www.aaasne.com on the first and third Wednesday of each month. B. When the average cost of regular gasoline in Rhode Island exceeds one dollar and fifty ($1.50) cents per gallon, the Division will authorize a surcharge. The surcharge will be fifty ($0.50) cents per towing job. C. The average cost of diesel fuel in Rhode Island will be determined by the Division by averaging the Rhode Island prices posted at www.aaasne.com on the first and third Wednesday of each month. D. When the average cost of diesel fuel in Rhode Island exceeds one dollar and fifty ($1.50) cents per gallon, the Division will authorize a surcharge. The surcharge will be fifty ($0.50) cents per towing job. E. On the fourth Monday of each month preceding a month in which the Division will authorize a surcharge, the Associate Administrator of the Motor Carrier's Section of the Division will issue an Administrative Order stating: 1. The cost of regular gasoline in Rhode Island as posted on www.aaasne.com on the first and third Wednesday of each month; 2. The average of the cost of regular gasoline in Rhode Island, based on these two data points; and, 3. The cost of diesel fuel in Rhode Island as posted on www.aaasne.com on the first and third Wednesday of each month; 4. The average of the cost of diesel fuel in Rhode Island, based on these two data points; and, 5. The authorization of a surcharge for regular gasoline and/or diesel fuel powered tow trucks for the following calendar month. F. The Associate Administrator of the Motor Carrier's Section of the Division will cause this administrative order to be posted on the Division's web-site by the fourth Monday of each month preceding a month in which the Division will issue a surcharge, where it will remain at least until the expiration of the month to which it relates. G. The Associate Administrator of the Motor Carrier's Section of the Division will cause a message to be recorded, indicating the authorization of a surcharge for regular gasoline fueled tow trucks and diesel fueled tow trucks, which will be accessible by telephone by the fourth Monday of each month preceding a month in which the Division will issue a surcharge, where it will remain at least until the expiration of the month to which it relates. H. In those months when a surcharge is authorized, all tow trucks which operate during that month must contain a conspicuously placed notice of the fuel surcharge, which specifically identifies the type of fuel the truck uses. The Associate Administrator of the Motor Carrier's Section of the Division will make sample notices available. I. The authorization of the surcharge will expire on the last day of the calendar month for which it is authorized.J. The application of the surcharge is voluntary. However, if a person or entity elects to implement the surcharge it must be applied non-discriminatorily. 815 R.I. Code R. 815-RICR-50-00-1.2