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HomeMy WebLinkAbout08-30-11 Wrecker Committee Meeting and Public HearingWRECKER COMMITTEE MEETING AGENDA Notice is hereby given of a Special Called Regular Meeting and Public Hearing of the La Porte Wrecker Committee to be held on August 30, 2011, at 2:30 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. 1. Call to order 2. Roll call of members 3. Consider approval of the January 17, 2011 meeting minutes 4. Conduct public hearing on possible action to suspend, cancel or revoke Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co. A. Open public hearing B. Staff comments C. Public comments D. Close public hearing 5. Consider action to suspend, cancel or revoke Wrecker Permit Numbers 549 thru 558 issued to RBEX, Inc. d/b/a Apple Towing Co. or take other action 6. Conduct public hearing on possible action to suspend, cancel or revoke Wrecker Permit Number 545 issued to La Porte Automotive, Inc. A. Open public hearing B. Staff comments C. Public comments D. Close public hearing 7. Consider action to suspend, cancel or revoke Wrecker Permit Number 545 issued to La Porte Automotive, Inc. or take other action 8. Administrative Reports 9. Committee comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy 10. Adjourn A quorum of City Council members may be present and participate in discussions during this meeting; however, no action will be taken by Council. In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the August 30, 2011, agenda of items to be considered by the City of La Porte Wrecker Committee was posted on the City Hall bulletin board on the day of , 2011. Title: City of La Porte Wrecker Committee Minutes of January 17, 2011 Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City Manager); Sharon Harris, Assistant City Secretary; and Lt. Gary Rice (designated representative of the Police Chief) Staff Members Present: Clark Askins, Assistant City Attorney; Debbie Wilmore, Chief Building Official; Shannon Green, Planning Assistant; and Jeff Tippit, DOT Officer 1. Call to order. Meeting called to order by Chairman Tim Tietjens at 3:05 p.m. 2. Roll call of members. Tim Tietjens, Sharon Harris, and Lt. Gary Rice were present for roll call. 3. Consider approval of December 28, 2010, meeting minutes. Motion by Lt. Gary Rice to approve the Minutes of December 28, 2010. Second by Sharon Harris. The motion carried unanimously. 4. Conduct public hearing to receive public input on a request by Stringer Wrecker Service, LLC DBA McGinty Wrecker Service for issuance of five (5) emergency auto wrecker permits, under section 78-297 of the La Porte Code of Ordinances. A. Open public hearing Chairman Tietjens opened the public hearing at 3:07 p.m. B. Staff comments Chief Building Official, Debbie Wilmore, reminded the committee, the wrecker service requesting the (5) additional permits will utilize an approved storage yard within the city limits. C. Public comments Proponents (a) Marla Stringer applicant spoke in favor of issuing the permits. Opponents There were none. D. Close public hearing Chairman Tim Tietjens closed the public hearing at 3:20 pm. Wrecker Committee Minutes of January 17, 2011 Page 2 of 2 5. Consider action to grant or deny five (5) emergency auto wrecker permits to Stringer Wrecker Service, LLC DBA McGinty Wrecker Service, under section 78-297 of the La Porte Code of Ordinances. Motion by Lt. Rice to approve (5) emergency auto wrecker permits to Stringer Wrecker Service, LLC DBA McGinty Wrecker Service as written. Second by Sharon Harris. The motion carried unanimously. 6. Consider making recommendation to City Council on proposed amendments to Chapter 78 of the Code of Ordinances relating to 1) fees for heavy duty non -consent towing and 2) issuance of annual permit/inspection stickers for vehicles. Motion by Lt. Rice to recommend to City Council, approval of proposed amendments to Chapter 78 of the Code of Ordinances relating to 1) fees for heavy duty non -consent towing and 2) issuance of annual permit/inspection stickers for vehicles. Second by Sharon Harris. The motion carried unanimously. 7. Administrative Reports There were no administrative reports. 8. Committee Comments There were no committee comments. A. Matters appearing on agenda. There were no comments. B. Inquiry of staff regarding specific factual information or existing policy. There were no comments. The meeting adjourned at 3:25 p.m. Prepared by Shannon Green, Planning Assistant +1� \\\�\}/4: 1� \.� i{>\ {<< �/ :� \�\ - .::�::. :. } � rt.\« \\ \\} v:: � . >>; :< � < � I:. .. :.:: »(»:. ,: :» \�. . :::: < r:. :.:x.>>>x .. . . . � + }:il>. �� §§\ . �`°���� \ } . ,>, L}»:r:\\}w � . < . : . : <.a\\: . . <!7 ::6:�� i» :.<}i±{ § � d\�1� 1\(d.2� ƒi\d%i� 11 � /\ � . ; .. :! . , : }: << }+� < <i �<» K »,>:<1<2 ,:t� <»i..: y :»� :.><< < « :» << Wilmore, Debbie From: Rice, Gary To: Wi�lmore, Debbie Subject: Complaint filed by Charlie Hini nehWe, I called Charlie this morning to see if there was any follow up on this. He said lie had not heard from you ho'dzhe.lie walked me through the on-line permit search that you can do via the TDLR website and it certainly appears that he has a valid complaint. | told him that the power to allow ordisallow Bobby two slots wmthe rotation list was up tmcity hall, riot me. He said he really did not want tmget Bobby in trouble with T0LR nor the City, lie just wants everything to be even, and for Bobby tmonly have one slot on the rotation like everyone else, If VOL] call him he can walk you through the websitelike hedid noaand you'll see what |mean. Gary From: Rice, Gary Sent: Tuesday., May 03, 201111:56 AM To: Wilmore, Debbie Subject: Complaint filed by Charlie Hinds Charlie called nneafew days ago complaining about LaPorte Porte Automotive. Hesaid all ofthe permitted drivers were under the assumption during the Wrecker Committee meetings that there was only one wrecker run by Bobby Slocum, that being La Porte Towing. His complaint is that Bobby runs both La Porte Towing and LaPorte Automotive, and he simply hires a separate driver to run for him under the name of La Porte Automotive. He said that gives Bobby two spots on the rotation list vs. one like the rest of the wrecker drivers. |to|d him that our current list shows that La Porte Automotive is a permitted wrecker licensed and insured by Charles Mainor of Baytown and is operating under permit # 545. Bobby Slocum has permit number 546 — 548 allowing any one ofthree wreckers licensed and insured hyhim torespond &uacall out. Charlie wanted totalk toyou about the complaint. Can you give him acall at832-731-G75Z7 La Porte Police bepartmellt Jill EMERGENCY WRECKER ROTATION 2011 INSURANCE STORAGE LOT EXPIRATION NAME, ADDRESS, OWNER, PHONE #, VEHICLE INFO ADDRESS DATE APPLE TOWING - MICHAEL SCULLY - 713-383-6200 2030 HOLMES RD HOUSTON TX 77045 2006.FORD (VIN# 7707) CITY LICENSE # 549 2007 KENWORTH (VIN# 8073) CITY LICENSE # 550 2007 KENWORTH (VIN# 8075) CITY LICENSE ## 551 2007 KENWORTH (VIN# 8079) CITY LICENSE # 552 2007 KENWORTH (VIN# 8078) CITY LICENSE # 553 2002 PETERBILT (VIN# 3-215) CITY LICENSE # 554 2005 KENWORTH (VIN# 0179) CITY LICENSE # 555 2008 KENWORTH (VIN# 0912) CITY LICENSE # 556 2010 PETERBILT (VIN# 5190) CITY LICENSE # 557 2005 PETERBILT (VIN## 9715) CITY LICENSE # 558 400 E MAIN 11/1/2011 CHARLIE HINDS PAINT & BODY INC - CHARLES HINDS - 281- 479-0645 4421 RED BLUFF PASADENATX 77503 2008 CHEV (VIN# 1792) CITY LICENSE # 541 1998 NISSAN (VIN# 5225) CITY LICENSE # 542 2005 CHEV (VIN# 6461) CITY LICENSE # 543 2009 CHEV (VIN# 2528) CITY LICENSE # 544 2410 SENS RD 2/5/2012 LA PORTE AUTOMOTIVE - CHARLES MAI NOR - 281-470-2004 4918 MAJESTIC DR BAYTOWN TX 77523 1992 FORD (VIN# 2306) CITY LICENSE # 545 202 N11TH ST 9/15/2011 LA PORTE TOWING INC - BOBBY SLOCUM - 281-470-2004 10839 MULBERRY LA PORTE TX 77571 2006 FORD (VIN# 3239) CITY LICENSE # 546 1998 DODGE (VIN# 2171) CITY LICENSE # 547 2008 FORD (VIN# 2480) CITY LICENSE # 548 202 N 11TH ST /15/2011 S:\City Planning Share\04-INSPECTIONS DIVISION\Inspections\EMERGENCY WRECKER ROTATION..xlsx EMERGENCY WRECKER ROTATION 2011 MCGINTY WRECKER SERV - MARLA STRINGER - 281-328- 5225 (STRINGER WRECKER SERV dba) 17600 ADLONG SCHOOL RD CROSRY TX 77532 2007 CHEV (VIN# 0042) CITY LICENSE 4 540 2007 FORD (VIN# 2369) CITY LICENSE # 11-41 2002 FORD (VIN# 2747) CITY LICENSE # 11-42 2007 FORD (VIN# 4855) CITY LICENSE # 11-44 2007 FORD (VIN# 9211) CITY LICENSE # 11-45 Xc of list: Date: 6-14-2011 6-14-201.1 6-14-2011 6-14-2011 6-1.4-2011 ROTATION LIST CHANGE AS PER ORDINANCE #3320, EFFECTIVE 6-14-2011 0 M Upchurch, G Rice, D Guyer City Secretary CE Suspense of Ins Cert Planning Comm file/Peggy Wrecker list file S:\City Planning Share\04-INSPECTIONS DIVISION\Inspections\EMERGENCY WRECKER ROTATION,xlsx EMERGENCY WRECKERS AS OF 7/22/2011 STATE TOW STATE VEH. CITY AUTO COMPANY CERTIFICATE? STORAGE FACILITY CERT.? WRECKER PERMIT? WRECKER COMPANY NAME & & & WITH THE STATE OWNER/OFFICER YARD ADDRESS OWNER/OFFICER APPLE TOWING CO, (TRUCKS) YES YES RBEX, INC. DBA APPLE TOWING CO. MICHAEL W. SCULLY, YES MICHAEL W. SCULLY, (YARD) PRESIDENT/SECRETARY 400 E. MAIN ST PRESIDENT/SECRETARY CHARLIE HINDS PAINT & BODY INC YES YES DBA CHARLIE HINDS PAINT & BODY CHARLIE HINDS, YES CHARLES C, HINDS, (TRUCKS & YARD) PRESIDENT 2410 SENS ROAD PRESIDENT LAPORTE AUTOMOTIVE DBA LAPORTE TOWING & LAPORTE TRANSITIONAL YES AUTOMOTIVE (TRUCKS) BOBBY SLOCUM, MGR. CHARLES KEITH MAINOR, NOT FOUND (YARD) KEITH MAINOR, OWNER NOT FOUND PRESIDENT YES YES LAPORTE TOWING INC. CHARLES KEITH MAINOR, YES BOBBY SLOCUM, (TRUCKS & YARD) PRESIDENT 202 N11TH STREET PRESIDENT STRINGER WRECKER SERVICE, LLC. DBA MCGINTRY WRECKER SERVICE (TRUCK) YES YES A&W JONES COLLISION DBA ANITA MARLA & TIMOTHY STRINGER, YES MARLA STRINGER, FRISBIE JONES (YARD) PARTNERS 11603 W MAIN STREET PARTNER � �! � {� �a TANT: A tow company Is not authorized to operate any tow trucks unless both its cerifficale status and automobile Ilability Insurance are active. view the Company Information page and Company Insurance Information page to determine the status of the tow company's certificate and ce. Exception: Vehicles Storage Facility operators are not required to file vehicles or automobile liability Insurance with TDLR. A Vehicle Storage can be Identified by noting( the Company Type on the Company Information page. Company information: Name- APPLE TOWING CO. OwnerlOfflcet: MICRAELW.SCULLYIPRESUSECT Phone. 7133836200 005015110C (A,Jsi,,,,�) DBA: 1,40 DATA ype: Tow Truck Company - information -MES RD �N, TX 77045 View Company Information BY: ---- — ----- )Advity (-)Insurance C )Vehicie �'O) Company Information Nonconsent Tow Fee Sche-clute Go New Search Top af Page Privacy and Secnril�, llolioy I Aczossibility I Open Recol& Policy I 1,6ik Policy I Comimet wilh `I'exas Online J'YRAI I,Sears h �'I'o:as Homeland Secmily I [Anks I where 1110 Molloy Goos http://www.license.state.tx.us/tools—searcli/inecs—display.asp?mcmumber--005015138C 7/22/2011 Towing Company Information Page I of I IMPORTANT: A tow company Is not authorized to operate any tow trucks unless both jiscerlifloale status and automobile IlabIlity insurance are active, Please view the Company Information page and Company Insurance Information page to determine the status of the tow company's certificate and Insurance. Exception: Vehicles Storage Facility operators are not required to file vehicles or outombile liability Insurance with TDLR, A Vehicle Storage Facility can be Identified by noting the Company Type on tire Company Information page. Company Information: Name. RBEXINC DBA: APPLE TOWING COMPANY OwirerlOffleer. MICHAEL SCULLY/ PRESIDENT Phone. 713-383-6200 Certificate Information: —Status: —AIINO Carrier Type: Vehicle Storage Fadfity Address Information Mailing: Number, 064410SVSF(A,,,-6ve) 400 EAST MAIN ST LA PORTE, TX 7757f Physical: 400 EAST MAIN ST LA PORTE, TX 77571 View Company Information BY: Activity , ",insurance ( Vahicle (0" Company Information NoTo,,A;Fee Schedule onfile L-90--i Now Search Top of Rage - --------- Privacy and skxuf ity Policy I Acces,,ibilil), I Open Records Poliu,y I Link Policy I C01111)'80 willi'l'oXmis Texas Onfisic, I 'I'RAI 1, S'Onrch I'l,cmns I lorilehind Scoldly I Links I Whero IlIcNioney Uo�s http://www.license. state,tx.us/tools_searchlmccs_display.asp"?rncrnumber--064410 VVSF 7/22/2011 Towing Company Information TANT: A low company is not authorized to operate any tour trucks unless both its certificate status and automobile llabity Insurance are active. view the Company informatlon page and Company Insurance Information page to determine the status of the tow company's certificate and ce. Exception: Vehicles Storage Facility operators are not required to fife vehicles or automobile liability insurance with TDLR. A Vehicle Storage can be identified by noting the Company Type on the Company Information page. Company Information: Name- CHARLIE HINDS PAINT & BODY INC: Owner/Officer: ChartesHrids/PRESIDENT Owner/Officer: KARENHINDSISEC Phone: 2814790645 DSA: CHARLIE HINDS PAINT & BODY Certificate Information; Status; Ac,hw. Carrier Type: Tow Truck Company Address Information Mailing: 4421 RED BLUFF Number: nu5°t5t113;�<Id��„} PASADENA, TX T7505 Physical: 4421 RED BLUFF PASADENA, TX. 77503 View Company Information Bye 3` %Activiiy °Insurance )Vehicle ` 1CompanyInformation "sNoncansantTow Fee Schedule GO New Search _ Top of Page pr ivac ° and Security Policy I Aceo%sihility I optr n I oeord,� Policy I Lint, Policy I Compact with Texans ,Foxa ,s While I'Ct*v R, tioart;h I Texas Ilanrtcharrct Security, I Link! Whero tire MoneY Goos ttp://v ww.license.state.tx,usltools_searchh- tees_display.asp? crtiumber=4n5151713C 7/22/2011 Towing Company Information Page I of I Home About I'DIAZ Finploymont Contact Us Company Information IMPORTANT: A tow company is not authorized to operate any tow trucks unless both its certificate status and automobile liability insurance are active. Please view the Company Information page and Company Insurance Information page to determine the status of the tow company's certificate and insurance, Exception: Vehicles Storage Facility operators are not required to file vehicles or automobile liability insurance Wth TDLR. A Vehicle Storage Facility can be identified by noting the Company Type on the Company Information page. Company Information: Name: CHARLIE HINDS PAINT& BODY INC DBA: CHARLIE HINDS PAINT& BODY Owner/Officer: CHARLIE HINDS/ OWNER Owner/Officer: KAREN HINDS I SEC Phone: 281-479-0645 Certificate Information: Status: Active Carrier Type: Vehicle Storage Facility Address Information Mailing: Number- of�41846VSF (Active) 4421 RED BLUFF PASADENA, TX. 77503 Physical: 2410 SENS, ROAD ..,..--,LAPORTE, TX. 77571 View Company Information By: Activity () Insurance ;Vehicle (4) Company Information No Tow Fee Soliedule on file Go Now Search Top of Page Privacy and Security Policy I Accessibility I Opeii Records Policy I Link, Policy I Compact with Texans Texas Online I TRAIL Seirch 11'exas Homeland Securit), I Links I Where tiro Money Goes http://Www.license.state.tx.usltools—searchlmces—display,asp?mcmumber--0641846VSF 6/22/2011 Company Information: Name: LAPORTE AUTOMOTIVE DBA: LA PORTE TOWING& LAPORTE AUTOMOTIVE Owner/Officer: BOBBY LOCUM MANAGER Owner/Officer: KEITH MANOR / OWNER Phone: 2814702004 C—Ortmea—tInformation: Status. lfar"Aiorlal Carrier Type. Tow Truck Company - Commercial Carder Address Information Malting: ffumber: 006448636C (Tt-ansflhov',ilk 87 PO BOX LAPORTE, TY, 77572 1201 NORTH 10TH I LA. PORTS T)C 77571 View Company Information 8y: C�J)ActivAy ( )Insurance "VehloIo Company Information ?,loTov,,Fee 8ohedijeon f1p New Search Tel) of Page ),joy I I'iJdL polioy I C(JJ Privacy and stcorily P(diey I 'kCCoq"4bi1ky I Opcn Rccor&" 11'( Toxas 011hao I`IT JUL Search ITOxas Homeland Security I Links, I Where timeloncy Goes http://www.license,state.tx.us/tools—search/tiaccs—display.asp?mcrnumber--006448636C 7/22/2011 Company Information: Name: IAPORTE TOMNG AND LAPORTE AUTOMOTIVE ®BA: I40 t3l`iYA Owner/Officer: �wner/Offiicer: Ghedes Keith MaincrI Pres OwnerlOfilcer: Michelle MainorlSeo Thane: 2814702004 Certificate Information: Status der ivo Carrler Type: Tow Truck Cornpany Address information Nailing: Plumber: 005052331C' (flr.Wo) LLA PORBOX EA TX 77572 PORTE, Physical: 202 NORTH I ITH STREET I_A PORTE, TX 77671 View Company Information By: )Activrty '. 'Insurance Vehicle `"tCompany Inforrnatton f ?NonconsenlTow Fee Schedule r 7 How Search _ Tot) of Paue, l'rivac:y lull .security Policy I Ac cos,,ibility I opco Records, Policy IAnk Poliev I Compact kvillr t oxans "Tomas Online I TRAII—Se u'ch I Te-xas tininclsand Security I t.inks I Whore fhe Pioncy Cruets http://www.] icense. state. tx.usltools search/mces display.asp?mcrn>.mbber=005052331C 7/ 2/2011 Towing Company Information M. I M F4?qT1jq11*=r1Tr* =1, - M .TANT: A tow company is not authorized to operate any tow trucks unless both its certificate status and automobile liability insurance are active. view the Company Information page and Company insurance Information page to determine the status of the tow company 'scertifloate and ca. Vxception: Vehicles Storage Facility operators are not required to file vehicles or automobile liability insurance with TDLR. A Vehicle Storage can be Identified by notinq the Company Type on the Company Information page, Company Information' Name: STRINGER WRECKER SERVICE LLC Owner/Offter. MARLA STRINGER I PARTNER Owned0fificer; TIMOTHY STRINGER /PARTNER Phone: 2813285226 Certificate Informadon: DBA- MCUNTY WRECKER SERVICE Status: Ar..fiva CainierType: Tow Truck Company - Commercial Can -!or Address information Mailing: P 0 BOX 348 Number: 006422078C (Aclwo) CROSBY. TX. 77532 Physical: 176GOADLONG SCHOOL RD CROSBY, TX. 77532 View Company Information By: .,Activity t-)Irisurance '1' )Vehicle Company Inform0on .'NonconsentTowFeeSchodole ---GO -- ---- flew Search Top of Page Pf iwwy and Security Policy I I opon Records lloli(�y I Link PolicN, I Compael wiffi'lixnw; `I'OxaOnline JTRAIT. Soarch I TeNa,, I lonichind Sectirily I I Jnks I Where Thu Mono} 00�:s hUp://www.license.state,tx,us/tools—search/inccs—display.asp?incrnumber--006422078C 7/22/2011 Towing Company Information Page I of I IMPORTANT: A tow company is not authorized to operate any tow trucks unless both its certificate status and automobile liability Insurance are active. Please view the Company Information page and Company Insurance Information page to determine the status of the tow company's certificate and Insurance, Exception: Veh loles, Storage Facility operators Eire not required to file vehicles or automobile liability insurance with TOLL. A Vehicle Storage Facility can be Identified by noting the Company Type on the Company Information page. _ Company Information: Name: A& WJONES COLLISION Owner)[Officer: ANITAMISBIE-JOINESIOWNER Phone: 2814711400 Certificate Information: DBA-. ANtTA FMSBfE -JONES TGU—V7, 777 Carrier Type: Vehicle Storage Facility Address Information Mailing: Number: 0GW39V$F(A,fi',,o) 1603 W MAN STREET LAPORTE, TX 77671 Physlcal: 1603WAMAIN STREET LAPORTE, TX 77571 View Company Information By: , -, , - , 1 1 .'AcWty —11nwrance 11_lVehicle (O"'Company information NoT"iFee SchedWaorifi!e I — --------- New Search Top of Page Privacy and securily Policy I Acce-ssibility I Open Records Policy Unk Policy I Compact with 'I'cxmi� To\as 01,1161c, I TRAIL Seareh ITexas, I lomohmd S�Cmity I fJnk" \%'here time \Iono:Y Goes hftp://www.license.state.tx,us/tools—search/mecs—display.asp?mcrtiumber--0642739VSF 7/22/2011 'Mlkkl Towing Administrative Rules Page I of 16 Home Board I Commission Meetings Press Releases Employment E-Mail Updates About TDLR Contact f Search Towing Administrative Rules YOU can download the entire Towing Rules document (96kb) as an Adobe PDF file, suitable for printing. Acrobat Reader is necessary to view.pdf files. If you need to obtain a copy of this program it is available as a free download for Windows or Macintosh operating systems. VEHICLE TOWING AND BOOTING Administrative Rules ofthe Texas Department ofir-1coosing and Regulation 16 Texas Admiofs1ralive Code, Chapter 86 TABLE OF CONTENTS 86.1. Authority and Purpose 0 Follow us on Twitter Follow Lis oil FaGW)ook 86,10. Definitions 86,200. Tow Truck Permit --Required 86.201. Tow Truck Permit --incident Management Towing 86.202. Tow Truck Permit --Private Prop" Towing 86.203. Tow Truck Permit --Consent Towing 86,204, Tow Truck Permit --Approval and Issuance 86.206. Tow Truck Permit --Renewal 86.208. Tow Truck Cab Cards 86.207. Licensing Requirements --Towing Operator License 86,208, Towing Operator Licensing --Approval and Issuance. 86,209. Licensing Requirements —Incident Management Towing Operator License 86,210, Licensing Requirements --Private Prop" Towing Operator License 86,211. Licensing Renewal --Consent Towing Operator License 86,212, Licensing Requirements —Dual Vehicle Storage Facility Employee and Towing Operator License 86.213, Licensing Requirements --Towing Operator Training License 86.214. Licensing Renewal --Towing Operators 86.216. Licensing Requirements --Towing Company License Required. 86.216. Towing Company License --Approval and Issuance 86.217. Towing Company License Renewal 86,218. Department Notifications to Licensee or Permit Holder 86.250. License Requirements --Towing Operator Continuing Education 86,400. Insurance Requirements --Tow Truck Permits 86,450, Inspections --General $6.451. Periodic Inspections 86.452. Risk -based Inspections 86.453. Corrective Actions Following Inspection, 86.455. Private Property Tow Fees. 86.600. Reporting Requirements --Towing Company 86.600. Responsibilities of the Department--Nonconsent Fee Schedules 86.660. Towing and Storage Advisory Board 86.700. Responsibilities of Tow Truck Permit Holder --Storage of Towed Vehicles 86.701. Responsibilities of Tow Truck Permit Holder --Tow Truck Signage 86.70,2. Responsibilities of Licensee and Permit Holder --Change Name, Address, or Drug and Alcohol Testing Policy 86,703. Responsibilities of Towing Company --Change of Ownership 86.704. Responsibilities of Towing Company --unauthorized Fees 86.705. Responsibilities of Towing Company --Standards of Conduct 86,706, Responsibilities of Towing Company --Required Postings at Vehicle Storage Facility (VSF) 86.708. Responsibilities of Towing Company --Tow Truck License Plates 86.709. Responsibilities of Towing Company --Tow Ticket 86.710. Responsibilities of Towing Company --drug and Alcohol Testing Policy 86.800. Fees 86.900. Sanctions and Administrative Penalties 86.901. Cease and Desist Order 86.902, Requirement to Reimburse 86.903. Enforcement of Unpaid Judgments 86,1000. Technical Requirements --Tow Truck Safety Equipment and Truck Operations 86.1001. Technical Requirements --Towing Operator Safety Clothing and Identification 86.1002. Technical Requirements --Towing Company Records 86.1. Authority and Purpose. (New section adopted effective April 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3486) This chapter is adopted under the authority of the Texas Occupations Code, Chapter 51 and Chapter 2308. This chapter increases the safety of vehicle towing operators by ensuring that only qualified professionals tow vehicles. 86.10. Definitions. (filew section adopted effective ApTif 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3486) The following words and terms, when used in this chapter will have the following meanings, unless the context clearly shows cithemvise (1) Advisory board --The Towing, Storage, and Booting Advisory Board. (2) Applicant --The person or entity submitting an application for a permit or license issued by the department (3) Certificate of insurance --A certificate prescribed by and filed with the department in which an insurance carrier or Surety company, approved in this state, warrants that a towing company for whom the certificate is riled has the minimum coverage as required by §86.400r (4) Commisslow-The Texas commission of Licensing and Regulation. littp://vvvm,.license.state.tx.us/towing/towrules.l-itiii 6/21/2011 Towing Administrative Rules Page 2 of 16 (5) Consent tow --Any tow of a motor vehicle in which the tow truck is summoned by the oviner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include an incident management tow or a private property tow. (6) Conspicuous --Written in a size, color, and contrast so as to be readily noticed and understood. (7) Contested case --A proceeding, including a licensing proceeding, in which the legal rights, duties, Or Privileges Of a party are to be determined by a state agency after an opportunity for adjudicative hearing. (8) Department The Texas Department of Licensing and Regulation. (9) Driver's License —Has the meaning assigned by §521.001, Transportation Code. ('10) Incident --an unplanned randomly occurring traffic event that adversely affects normal traffic operations. (11) Incident management tow --Any tow of a vehicle in which the tow truck is summoned because of a traffic accident or to an incident. (12) License holder or Licensee --The person to which the department issued a license. (13) Nonconsent tow --Any tow of a motor vehicle that Is not a consent tow, including: (A) an incident management tow, and (B) a private property tow, (14) Parking facility --Public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes: (A) a restricted space on a portion of an otherwise unrestricted parking facjlityt and (B) a commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a prcp" owners' association, or government -owned property leased to a private person, including: (i) a portion of the fight -of -way Of a public roadway that is leased by a governmental entity to the parking facility owner; and (11) the area between the facility's property line abutting a county or municipal public roadway and the center line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's property line, (15) Parking facility authorized agent --An employee or agent of a parking facility Owner with the authority to: (A) authorize the removal of a vehicle from the parking facility on behalf of the parking facility owner; and (B) accept service on behalf of the parking facility owner of a notice of hearing requested under this chapter. (16) Parking facility owner -- (A) an individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility; (13) a property owners' association having control Linder a dedicatory instrument, as that term is defined in §202.001, Property Code, over assigned Of unassigned parking areas: or (C) a property owner having an exclusive right under a dedicatory instrument, as that term is defined in §202 001, Property Code, to use a parking space. (17) Permit holder --The person to which the department issued a permit. (18) Private property tow --Any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle. (19) Property owners' association --Has the meaning assigned by §202.001, Property Code. (20) Public roadway --A public street. alley, road, right-of-way, or other public way, including paved and unpaved portions of the right -of -way. (21) Tow truck --A motor vehicle, including a wrecker, equipped with a machanical device used to tow, winch, or otherwise move another motor vehicle. The term does not include: (A) a Motor vehicle owned and operated by a governmental entity, including a public school district; (B) a motor vehicle towing: (I) a race car. (ii) a motor vehicle for exhibition; or (iii) an antique motor vehicle; (C) a recreational vehicle towing another vehicle; (D) a motor vehicle used in combination with a tow bar, tow dolly, or other mechanical device if the vehicle is not operated in the furtherance of a cornmerclal enterprise; (E) a motor vehicle that is controlled or operated by a fafmor or rancher and used for towing a farm vehicle; or (F) a motor vehicle that: (I) is owned or operated by an entity the primary business of which is the rental of motor veh[cles; and (ii) only to,.vs vehicles rented by the entity. http://w",vN,.lieciise.state.tx.us/towing/towrules,litm 6/21/2011 Towing Administrative Rules Page 3 of 16 (22) Towing company --An individual, associationcorporation, or other legal entity that controls, operates, or directs the operation of one or inore tow trucks over a public roadway in this state but does not include a polit[ca I subdivision of the, state. (23) Towing operator --The person to which the department issued a towing operator license. (24) Unauthorized vehicle --A vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. (25) Vehicle --A device in, oil, or by which a person or property may be transported on a public roadway. The term inctudes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track. (26) Vehicle owner --A person: (A) named as the purchaser or transferee in the certificate of title issued for the Vehicle Linder Chapter 501, Transportation Code; (B) in whose name the vehicle is registered under Chapter 502, Transportation Code, or a member of the person's immediate family, (C) who fields the vehicle through a lease agreernent: (D) who is an unrecorded fienholder entitled to possess the vehicle under the terms of a chattel mortgage: or (E) who is a fienholder holding an affidavit of repossession and entitled to repossess the vehicle. (27) Vehicle storage facilltv--A vehicle storage facility, as defined by Texas Occupations Code, §2303.002 that is operated by a person who holds a license issued under Texas Occupations Code, Chapter 2303 to operate the faciljly. 86.200, Tow Truck Permit --Required. (Now section adopted effective April 15, 2008, 33 Tex Reg 2940) (a) A IOW truck may not be used for towing on the public streets or roads of this state unless an appropriate tow truck permit has been issued by the department (b) A separate permit is required for each tow, truck (c) A tow truck permit is valid for not more than one year from the date of issuance. A tow truck permit shall expire on the same date as the license issued by the department to the tow truck company. 86.201. Tow Truck Perimit--incident Management Towing. (New section adopted effective April 15, 2008, 33 Tex Reg 2940) (a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow allowed under §545.3051, Transportation Code. (b) To be eligible for an incident management towing permit, an applicant must: (1) submit a completed application on a department -approved form; (2) pay the fee required Linder §86.800: (3) verify that the tow truck is equipped to imv light -duty or heavy-duty vehicles according to the manufacturer's guidelines. (4) provide proof of insurance required Linder §66.400; and (5) Successfully pass a criminal background check. (o) An incident management tor;Wlng permit may also be used for private property touring and consent towing. 86.202. Tow Truck Permit --Private Property Towing. (New section adopted effective April 15, 2008, 33 TexReg 2940) (a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner. (b) To [>a eligible for a private property towing permit, an applicant must: (1) submit a completed application on a department -approved' form; (2) pay the fee required Linder §86.800, (3) verify that the tow truck is equipped to tow tight -duty or heavy-duty vehicles according to the manufacturer's guidelines. (4) provide proof of insurance required under §86.400; and (5) successfully pass a criminal background check. (c) A private property towing permit may also be used for consent towing but not for incident management lowing. 86.203, Tow Truck Permit --Consent Towing. (Neiv section adopted effective April 15, 2008, 33 TexRegr 2940) (a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner, as defined in §8610(22), (b) To be eligible for a consent towing permit, an applicant must: (1) submit a completed application on a department -approved form; (2) pay the fee required under §66,800; (3) verify that trio tow truck is equipped to tow light -dully or heavy-duty vehicles according 10 the manufacturer's guidelines. (4) provide proof of insurance required tinder §86.400; and (5) successfully pass a criminal background check. (c) A consent towing permit may not be used for rionconserit towing, including incident management towing and private property towing. http://�vN,ww.license.state.tx.tis/towing/towrules.htm 6/21/2011 Towing Administrative Rules Page 4 of 16 86.204, Tow Truck Permit --Approval and issuance. (Neva, section adopted effective April 15, 2008, 33 TexReg2940,,arlleiidedeffectiv,-hlay3, 2010, 35 TexReg 3486) (a) The department will issue a permit under this chapter to an applicant who meats the requirements for a permit The department may deny an application or revoke a license it the applicant, a partner, principal, officer, or general manager of the applicant has: (1) a criminal conviction, or has pleaded guilty or nolo contenders to an offense, before the date of the application, for. (A) a felony: or (B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500; (2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties: (3) failed to submit a license or permit bond in an amount established by the commission; (4) knowingly submitted false or incomplete information on the application; (5) filed an application to permit a low truck previously permitted by a license or permit holder; or (6) the applicant has had a permit revoked under this chapter. (b) The department will issue a certificate containing a single unique permit number for each tow truck, regardless of whether the permit holder holds more than one permit. 86.205. Tow Truck Permit --Renewal. (New sedion adopted effective April 15, 2008, 33 Texf?eg 2940) (a) The department will send written notice to permit holders at least 30 days before the permit expires. The notice will be sent to the permit holder's last known address according to the records of the department, (b) To renew a permit, a permit holder Must: (1) submit a completed application on a departmenl-approved form: (2) pay the fee required under §86.800; (3) verify that the tow truck is equipped to low light -duty or heavy -duly vehicles according to the manufacturer's guidelines. (4) provide proof of insurance required tinder §66.400; and (5) successfully pass a criminal background check. (c) To renew and maintain continuous licensure, the renewal requirements under this section must be completed prior to the expiration of the permit. A late renewal means the permit holder will have an un-permitted period from the expiration date of the expired permit to the issuance date of the renewed permit. During the un-permitted period, a tow truck may not be used for towing on the public roadways of this state, (d) Non -receipt of a permit renewal notice from the department does not exempt a person from any requirements of these rules. 86.206. Tow Truck Cal) Cards. (New section adopted effective April 15, 2008, 33 TexRog 2940) (a) The department will issue a Gab card for each tovi truck issued a permit- The cab card will: (i) show, the permit number of the certificate issued under these rules; (2) show the type of permit issued; (3) show the vehicle unit number-, (4) show the vehicle identification number; and (5) contain a statement that the vehicle has a permit issued Linder these rules. (b) The department will issue a cab card when the department issues or renews a permit. (c) A permit holder must keep a copy of the cab card in the cab of each permitted tow truck, (d) If an original cab card is lost, stolen, destroyed, or mutilated, if it becomes illegible, or if it otherwise requires replacement, the permit holder, can request that the department issue a new cab card. (e) The department may require a permit holder to surrender the original cab card if the permit is suspended or revoked, 86.207. Licensing Requirements --Towing Operator License. fNevv section adopted effective April 15, 2008, 33 TexReg 2940) (a) A person shall not perform towing operations without a towing operator license Issued by the department. (b) Each type of towing operator license is: (1) valid for one year from the date of issuance; (2) valid throughout this stale; and (3) nontransferable. 86.208. Towing Operator U censl ng- -Approval and Issuance, (Nlekv section adopted effective May 3, 2010, 35 ToxReg 3466) The department will issue a license under this chapter to an applicant who meets the requirements for a towing operator license, The department may deny an application or revoke a license if the applicant has: (1) a criminal conviction, or has pleaded guilty or no!o contandere to an offense, before the (late of the application, for: (A) a felony; or (B) a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds $500; http://v,r",",.license.state.tx.tis/towitig/towrLites.htni 6/21/2011 Towing Administrative Rules Page 5 of 16 (2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties; (3) failed to submit a license or permit bond in an amount established by the commission; (4) knowingly submitted false or incomplete information on the application; (5) filed an application to permit a tow truck Previously permitted by a license or permit holder; or (6) the applicant has had a permit or license revoked under this chapter 86.209. Licensing Requirements —Incident Management Towing Operator License. (New section adopted effective May 3, 2010, 35 Texneg 3486) (a) An incident management towing operator's license is required to operate a tow truck permitted or required to be permitted Linder this chapter. (b) An applicant for an incident management towing operator's license must: (1) submit a completed application on a department -approved form; (2) hold a valid driver's license issued by a state in the United States; (3) be certified by a program approved by the department; (4) successfully pass a criminal background check; and (5) pay the fee required under §86.800. 86,2W Licensing Requi rernents- -Private Property Towing Operator License. (Alow section adopted effective Maya. 2010, 35 TexReg 3486) (a) A private property towing operator's license is required to operate a tow truck permitted or required to be permitted Linder this chapter, (b) An applicant for a private property towing operator's license must: (1) submit a completed application on a department -approved form, (2) hold a valid driver's license issued by a state in the United States; (3) be certified' by a program approved by the department; (4) successfully pass a criminal background check: and (5) pay the fee required tinder §86.800. 86.2111. Licensing Renewal —Consent Towing Operator License. (Nev) section adopted effective May 3, 2010, 35 TexReg 3466) (a) A consent towing operator's license is needed to operate a tow truck permitted or required to be permitted Linder this chapter. (b) An applicant for a consent towing operators license must: (1) Submit a completed application on a department -approved form; (2) hold a valid driver's license issued by a state in the United States; (3) successfully pass a criminal background check; and (4) pay the fee required Linder §86.800. 86.212. Licensing Requirements—DUBI Vehicle Storage FacIlity Employee and Towing Operator License. (New section adopted effective May 3, 2010, 35 TexReg 3486) (a) An applicant for a dual vehicle storage facility employee and towing operator license mull: (1) meet the requirements under: (A) §85.204 of this title (relating to License Requirements --Vehicle Storage Facility Employee License): and (B) 16 TAC §86.208 and §§86.209, 86.210, or 86.211; (2) submit to the department: (A) an application on a department -approved form; and (B) the required license fee tinder §86.800. (b) A person holding a ftenso issued tinder this section may; (1) work at a vehicle storage facility; and (2) perform towing operations for the class of towing endorsed on the license. (c) An applicant holding a valid tow operator license who seeks to obtain a dual vehicle storage facility and towing operator employee license may request an expedited license by: (1) meeting the requirements under subsection (a); (2) submit an application on a department -approved form; and (3) pay the required license fee under §86.800. 86.213. Licensing Reqtjlrerrients•-Towlng Operator Training License, (New section adopted effective May 3, 2010, 35 TexReg 3486) (a) An applicant for a towing operator tralning, license must: (1) submit a completed application on a department -approved form: http://www.license.state.tx.us/towiiig/towrules.litiii 6/21/2011 Towing Administrative Rules Page 6 of 16 (2) hold a valid driver's license issued by a state in the United States; (3) successfully pass a criminal background check; and (4) pay the fee required under §86.800. (b) A towing operator training license is valid for 90 days from the date of issuance. 86.21C Licensing Renewal --Towing Operators, fNeiv section adopted effective May 3, 2010, 35 TexReg 3486) (a) The department will send written notice to licensees at least 30 days before the license expires. The notice will be sent to the licensee's last known address according to the records of the department. (b) A licensee may renew a license tinder this chapter by: (1) submitting a completed application on a department -approved form; (2) pay the fee required Linder §86,800; (3) meet the applicable continuing education requirements; (4) successfully pass a criminal background check; and (5) if the applicant for renewal has within the preceding 12-month period tested positive for drugs or alcohol under §86.710, the applicant must submit a negative drug or alcohol test to the department. (c) To renew and maintain continuous ficensure, the renewal requirements Linder this section must be completed prior to the expiration of the license. A late renevml, means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance data of the renewed license, During the unlicensed period, a tow truck operator may, not operate a tow truck on the public roadways of this state. (d) Non -receipt of a license renewal notice from the department does not exempt a person from any requirements of this chapter. 86.215. Licensing Requirenients-Jowing Company License Required. (New section adopted effective May 3, 2010„ 35 TexReg 3486) (a) A person shall not operate a towing company without a towing company license issued by the department. (b) To be eligible for a towing company license, an applicant must: (1) submit a completed application on a department -approved form; (2) pay the fee required under §86.800; (3) successfully pass a criminal background check; (4) provide the name, and address of each partner if the applicant is a parinership; (5) provide the name, and address of each corporate officer, including the president, secretary, and treasurer, if the applicant is a corporation; (6) provide the name, and address of each owner of the towing company and the percentage of ownership interest each holds in the company; (7) provide the name, and address of the operator or manager of the towing company if it is not operated or managed by one of the owners; (8) provide the towing company's physical address, mailing address, and telephone number; and (9) adopt the drug and alcohol testing policy provided in this chapter or file a drug and alcohol testing policy for approval under this chapter. 86.21G. Towing Company License -Approval and issuance. (Neve section adopted effective May 3, 2010, 35 TexReg 3466) (a) Upon receipt of an application for a towing company license, the department will review the application to verify the qualifications of the applicant (b) If an applicant is qualified under this chapter, the department will issue a towing company license to the applicant. (c) If an applicant is determined to be not qualified kinder this chapter, the department will advise the applicant in writing of the reasons the applicant is not qualified or the deficiencies in the application. (d) The department may deny a towing company license application or revoke a license if the applicant, a partner, principal, officer, or general manager of the applicant, or other license or permit holder has: (1) a criminal conviction, or has pleaded guilty or note contendere to an offense, before the date of the application, for. (A) a felony; or (B) a misdemeanor punishable by confinement in jail or by a fine In an arnount that exceeds $500; (2) violated an order of the commission or executive director, including an order for sanctions or administrative penalties; (3) failed to submit a license or permit bond in an amount established by the commission; (4) knowingly submitted false or incomplete information on the application: (5) filed an apiatication to permit a tow truck previously permitted by a license or permit holder, (6) had a license revoked under this chapter; (7) failed to fife a completed application; or (8) provides false, misleading, of deceptive information In the application. (e) Tire department will issue a certificate containing a single unique license number for each towing company. http://www.license.state.tx.us/towiiig/towrules.htm 6/21/2011 Towing Administrative Rules Page 7 of 16 86.217. Towing Company License Renewal. (New section adopted effective Allay 3, 2010, 35 TexReg3486) (a) The department will notify the license holder at least 30 days before the date a license expires. The notice will be in writing and sent to the license holder's last known address according to the records of the department (b) To renew a towing company license, an applicant mLISI: (1) submit a completed application on a department -approved form; (2) pay the applicable fee required under §86.800; and (3) Successfully pass a criminal background check. 86.218. Department Notifications to Licensee or Pert -nit Holder. (New section adopted effective May 3, 2010, 35 TOXReg 3486) Unless otherwise provided for by statute or this chapter, the department may send notice of department proposed actions and decisions through email sent to the last email address designated by the licensee or permit holder. 86.260. License Requirements-Jowing Operator Continuing Education. (New section adoptedeffeclive January 12, 2009, 34 TexReg 200) (a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) To renew a towing operator license, a licensee must complete a total of 4 hours of continuing education through Department -approved courses. The continuing education hours must include the following: (1) 1 hour in roadway safety; (2) 1 hour in Texas law and rules that regulate the conduct of towing operators; and (3) 2 hours in any topic listed in subsection (g), including subsection (g)(1) and (g)(2). (c) For a timely renewal, the continuing education hours must have been completed within the term of the current license. For a late renewal, the continuing education hours Must have been completed within the one-year period immediately prior to the date of renewal. (d) A licensee will not receive continuing education hours for attending the same course more than once. (e) A licensee will receive continuing education hours for only those courses that are approved by the Department, Linder procedures prescribed by the Department. (0 A licensee must retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the Department may examine the licensee's records to determine compliance with this subsection. (g) To be approved by the Department under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following top": (1) Texas law and rules that regulate the conduct of towing operators; (2) roadway safety; (3) driver safety; (4) towing techniques; (5) equipment operation and safety; and (6) customer service and documentation. (h) A Department -approved course may be offered until the expiration of the course approval or until the provider ceases to hold an active provider registration, whichever occurs first (I) A provider shall pay to the Department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, kip to and including revocation of the provider's registration under §59.90 of this title. 0) To renew an incident management towing operator's license the first time, a licensee must complete, in Neu of the requirements stated in Subsections (b), (c), and (g), a professional development course relating to towing that: (1) consists of at least 8 hours of training, of wbicW (A) at least 2 hours are live demonstration and hands-on irainlng; (B) at least 2 hours are classroom training; and (C) any remaining hours are classroom training or live demonstration and hands-on training; (2) is dedicated to instruction in the following topics: (A) how light -duty tow trucks work: (B) towing with a wheel lift, (C) towing with a tow sling: (D) using tow dolfes; (E) car carrier operation; (F) vehicle recovery; (G) fight -duty tow trucks; (H) field procedures; (1) vehicle maintenance; and htl-:Hww,A,.license.state.tx.iis/towing/towrules.htm 6/21/2011 Towing Administrative Rules Page 8 of 16 (J) safety; and (3) is offered by or through a Department -approved provider, including a community college, college, or university. (k) This section shall apply to licensees, providers, and courses upon the effective date of this section (1) Notwithstanding any other provision of this section or Chapter 59 of this title, a licensee may receive credit under subsection 0) for a course that the licensee completed before the effective date of this section if: (1) the course satisfies the requirements of subsection 0)(1)3nd 0)(2); and (2) the licensee furnishes to the Department a certificate of completion or other evidence satisfactory to the Department of completion of the course. 86,400, Insurance Requirements -•Tow Truck Permits. (New section adopted effective April 15, 2006, 33 TaxReg 2940) (a) An applicant for a tow truck permit is responsible for ensuring the electronic submission of a certificate of insurance when applying for an initial license or permit, submitting a license or permit renewal, changing a business name or affiliation, and upon request of the department (b) The certificate of insurance must be obtained from and submitted by an insurance company licensed and authorized to do business in Texas Pursuant to the Texas Insurance Code. (c) The name and address of the applicant, licensee, or permit holder shm-m on the certificate Of insurance form must be the same as the name arid address on the application or permit. The applicant or permit holder is responsible for ensuring that the insurance information on file with the department reflects the correct name and address of the insured. (d) Coverage (1) Tow truck permit applicants and permit holders must obtain insurance for each permitted tow truck that meets the following requirements: (A) Incident Management Towing (i) a minimum of $500,000 liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo) per occurrence, or both; and (ii) a minimum of $50,000 of cargo or cargo on hook insurance per tow truck per incident. (6) Private Property Towing (i) a minimum of$300,000 of liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo) per occurrence, or both; and (11) a minimum of $50,000 of cargo or cargo on hook Insurance per tow truck per incident. (C) Consent Towing. A minimum of $300,000 of liability insurance per tow truck per incident, which is combined single limit liability for bodily injury to or death of an individual per occurrence, loss or damage (excluding cargo or cargo on hook) per occurrence, or both. (2) Insurance covering permitted tow trucks must be kept in full force and affect at all times. (3) The certificate of insurance must contain a provision obligating the insurer give the department thirty days notice before the effective date of a policy cancellation date. (e) Replacement insurance filing. (1) The department will consider a new insurance filing as the current record of financial responsibility required by this section if (A) the new insurance filing is received by the department; and (6) a cancellation notice has not been received for previous insurance filings. (2) The department may revoke a license if the insurance has been canceled and a replacement policy has not been filed prior to the cancellation date Insolvency of Insurance carrier. If an insurer for a tow truck permit holder becomes insolvent, is placed in receivership, or has its certificate of authority suspended or revoked and if the tow truck permit holder no longer has insurance coverage as required by these rules, the love truck permit ho!der shall file with the department, not later than the 10th day after the date the coverage lapses: (1) evidence of insurance as required by these rules; and (2) an affidavit that: (A) indicates that an accident from which the tow truck permit holder may incur liability did not occur while the coverage was not in effect of (B) contains a plan acceptable to the department indicating how the tow truck permit fielder wilt satisfy claims of liability against the tow truck permit holder for an accident that occurred while the coverage was not in effect. (9) Notices. The department will notify the Texas Department of Public Safety and other law enforcement agencies of each tow truck permit that has been revoked for failure to maintain the required insurance coverage. 86.450. Inspections -•General. (Nevi section adopted effective April 15, 2008, 33 TexReg 2940) (a) A towing company shall be inspected periodic -ally, according to a risk -based schedule, or as a result of a complaint. These inspections are performed to determine compliance with the requirements of the Act and these rules In addition, the depatirrient may make information available to licensees and managers on best practices for risk -reduction techniques. (b) Inspections shall be performed during the normal operating hours of the towing company. The department may conduct inspections tinder the Act and these rules with or without advance notice. littp://w",w.license.state.tx.tis/towing/towi-Lilcs.litm 6/21/2011 ToNving Administrative Rules Page 9 of 16 (o) The department inspector will contact the towing company owner, manager, or their representative upon arrival at the towing company, and before proceeding with the inspection. (d) The towing company owner, manager, or their representative shall cooperate With the inspector in the performance of the inspection. 86.451. Periodic Inspections, (Neiv section adopted effective April 15, 2008, 33 TexReg 2940) (a) Each towing company shall be inspected at least once every two years (b) The towing company owner, manager, or their representative must, Upon request, make available to the inspector all records, notices and other documents required by these rules. (c) Upon completion of the inspection, the owner manager, or representative shall be advised in writing of the results of the inspection. The inspection report will indicate whether the inspection was approved or riot approved, and will describe any violations identified during the inspection, (d) For inspections that are not approved, the inspection report Will identify violations that must be corrected by the owner. The report will also indicate the corrective actions required to address the violations, in accordance with §86.453, Additionally, the department may assess administrative penalties and/or administrative sanctions for violations. (e) Based on the results of the periodic inspection, a towing company may be moved to a risk -based schedule of inspections. The department will notify the owner of the towing company, In writing, if the company becomes subject to the risk -based inspection schedule and the scheduled frequency of inspection, 86.462. Risk -based Inspections. (Now section adopted effective April 16, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 8486) (a) Risk -based inspections are those required in addition to periodic inspections required Linder §86.451, for towing companies determined by the department to be a greater risk to the public. (b) To determine which towing company will be subject to risk -based inspections, the department has established criteria and frequencies for inspections. (c) The owner of the towing company shall pay the fee required under §86.600 for each risk -based inspection, in a manner established by the department. (d) Each towing company subject to risk -based inspections will be scheduled for inspection based on the following risk criteria and inspection frequency: Total Inspection Frequency Tier I Criteria I (Includes both periodic and risk -based Inspections) Trer Violation of the rules determined by the department to pose a potential economic harm Once to property; or each year Repeated violations relating to unlicensed activity. Tier A serious or repeated violation relating to documentation and records requirements; or Twice Failure to maintain required records: or each year Serious or repeated violations relating to unlicensed activity. Repeated, serious violations related to towing company technical requirements; or Tier A significant violation of notifications rules, particularly those that threaten economic Four times each year 3 harm; or Significant or repeated violations relating to unlicensed activity. (e) At the time of inspection of a towing company, the owner, manager, or their representative must, upon request, Take available to the inspector, records, notices and other documents required by this chapter, (0 Upon completion of the inspection, the owner of the to%viing company shall be advised in writing of the results of the inspection. (q) The inspection report will identify violations that must be corrected by the towing company. The report will also indicate the corrective actions required to address the violations, in accordance with §86.453. Additionally, the department may assess administrative penalties and/or administrative sanctions for violations. (h) A towing company on a risk -based inspection schedule that has no significant violations in four consecutive Inspections, may be moved to a less frequent risk -based Inspection schedule or returned to a periodic schedule of inspections. The department will notify the owner of the towing company if there is a change in the towing company's risk -based schedule or if the towing company is returned to a periodic inspection schedule, 86.453. Corrective Actions Following Inspection (New section adopted effective April f5, 2008, 33 TexReg 2940) (a) When corrective actions to achieve compliance are required: (1) the department shall provide the towing company a list of required corrective modification(s); (2) within 10 days after receiving the list of required corrective actions, the owner shall complete all corrective actions and provide written verification of the corrective actions to the department; and (3) the department may grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections. (b) The department may assess administrative penalties and/or administrative sanctions for violations or for failure to complete corrective actions timely or provide written verification to the department timely, in accordance with §86.1300. 86.466. Private Property Tow Fees. (Neiv section adopted effective September 1, 2010. 35 TexReg 7788) (a) For purposes of this section: (i) light-clUty means the tows of motor vehicles with a gross weight rating of 10,000 pounds or less; http://ww",.lieonse.state.tx.us/towing/towrtiles.htm 6/21/2011 Towing Administrative Rules Page 10 of 16 (2) medium -duty means the tows of motor vehicles With a gross weight rating of more than 10,000 pounds, but less than 25,000 pounds; and (3) heavy-duty means the tows of motor vehicles with a gross weight rating that exceeds 25,000 pounds; and (4) drop charge means the maximum that may be charged for the release of the vehicle before its removal frorn the prop" or parked location. (b) The maximum amount that may be charged for private property tows is as follows: (1) light duty tows -- $250; (2) medium duty tows -- $350; and (3) heavy duty tows -- $450 per unit or a maximum of $900. (c) If the owner, authorized operator, or authorized agent of the owner of motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle before its removal from the property or parked location, the maximum amount that may be charged for a drop charge (if the motor vehicle is hooked up) is: (1) light duty tows -- $126; (2) medlum duty tows -- S175; and (3) heavy duty tows -- $225. (d) If an owner, authorized operator, or authorized agent of the owner of a motor vehicle is present before the removal from the prop" or parked location the tow operator shall advise the owner, authorized operator, or authorized agent of the owner of a motor vehicle that he or she may offer payment of the towing drop charge. (e) For purposes of this section, a tow company must accept cash, credit cerds and debit cards as payment for the drop charge, 86.600, Reporting Req uIrements- -Tow! ng Company, (New section adopted effective April 15, 2008, 33 Tex/Reg 2940, amended effective May 3, 20 M 35 TexReg 3486; amended effective September 1, 2010, 35 TexReg 7788) (a) Fee Schedules all tow companies. Before January 31 of each year, a towing company Most submit to the department a schedule showing each towing fee the towing company charges or collects in connection with nonconsent towing. The filing required by this Section nXISt clearly separate fees for incident management tows from the fees charged for private property tows. (1) The fee schedule must be clearly legible, using black ink and in 12-point font and include: (A) the name and license number of the towing company on file with the depaannent; and (8) the effective date(s) of the fees. (2) If different fees are assessed for different geographic areas, a clear delineation between fees assessed for one area and fees assessed for another. (b) If a political subdivision begins regulating nonconsent tow fees, the towing company most report the fees to the department before the 30th day after the municipal ordinance goes into effect. (c) Any changes in nonconsent tow fees regulated by a political subdivision must be reported to the department by the towing company before the 301h day after the effective date of the change. (d) Complete lists required. Each time a towing company files a nonconsent towing fee schedule, the towing company n1USt include a complete list of all nonconsent towing fees charged by the towing company. Partial towing fee schedules are not acceptable. Each filing is a complete schedule of all nonconsent towing fees of the company. (e) If a municipality establishes private property tow fees that are less than the private property tow fees authorized by §86.455, the fee schedule must separately identify those municipalities and list each authorized fee. (f) If a municipality establishes private property tow fees that are greater than the private property tow fees authorized by this section, the private property tow fee schedule rnay not exceed each fee authorized by §86A55, 86.600. Responsibilities of the Department-Nonconsent Fee Schedules. (New section adopted effective April 15, 2008, 33 TexReg 2940) The department will: (1) make filings of acceptable nonconsent towing fees schedules available on its internet website; (2) reject any filing of nonconsent towing fees Schedules that are not filed in accordance with this section; and (3) make no determination as to the reasonableness of towing fees. $6.650. Towing and Storage Advisory Board. (New section adopted effective April 15, 2008, 33 TexReg 2940,r amended effective Alay 3, 2010, 35 TexReg 3486) (a) The advisory board consists of the ten members appointed by the chairman of the commission with the approval of the commission. The ten members include: (1) one representative of towing company operating in a county with a population of less than one -million; (2) one representative of a touring company operating in a county with a population of one -million or more; (3) one owner of a vehicle storage facility located in a county with a population of less than one -million; (4) one owner of a vehicle storage facility located in a county with a population of one -million or more; (6) one law enforcement officer from a county with a population of less than one -million; (6) one law enforcement officer from a county with a population of one -million or more; (7) one parking facility owner, http://wNv-",.Iiceiise.state.tx.us/towiiig/towrules.litm 6/21/2011 Towing Administrative Rules Page 11 of 16 (a) one representative of property and casualty insurers who write automobile insurance in this state; (9) one member of a booting company', and (10) one public member. (b) The advisory board shall Include representation for each classification of towing. (c) Advisory board members serve tornis of six years, with the terms of hvo or three members, expiring on February 1 of each odd -numbered year, (1) A rnernber rnay not serve more than two full consecutive terms. (2) If a vacancy occurs during a term, the chairman of the commission will appoint a replacement who meets the qualifications of the open position to serve for the balance of the term. (d) The chairman of the commission appoints one of the advisory board members to serve as the presiding officer of the advisory board for one year. The presiding officer of the advisory board may vote on any matter before the advisory board, (a) Advisory board members do not receive compensation. They are, Subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board. (1) The advisory board meets twice yearly and may meet at other times at the call of the chairman of the commission or the executive director. (g) The advisory board provides advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, continuing education requirements, and maximum amounts that may be charged for fees related to private property tows. 86,700, Responsibilities of Tow Truck Permit Holder --Storage of Towed Vehicles. (New section adopted effective April 15, 2008, 33 TexReg 2940) (a) Unless the towing company agrees to take the vehicle to a location designated by the vehicle's owner, a having company that makes a nonconsent tow, shall tow the vehicle to a vehicle storage facility operated by a person who holds a vehicle storage facility license issued by tile department. (b) A towing company or towing operator may not request a vehicle owner or operator sign a tow ticket or authorization form for a tow if tile tow is initiated by law enforcement. (c) The towing company and towing operator must take the toured vehicle to the designated location using the most direct route reasonably available at the time of the tow. 86.701. Responsibilities of Tow Truck Permit Holder --Tow Truck Signage. (New section adopted effective April 15, 2008, 33 TexReg 2940) (a) A tow truck permit holder must display on each permitted tow truck: (1) the permit holder's name; (2) the permit holders publicly listed telephone number; (3) the city and state where the permit holder is located; and (4) the permit number for the tow truck. (b) The information required to be displayed must be: (1) printed in letters and numbers that are at least two inches high and in a rotor that contrasts with the color of the background surface; and (2) permanently affixed in conspicuous places on both sides of the tow truck 86.702. Responsibilities of Licensee and Permit Holder --Change Name, Address, or Drug and Alcohol Testing Policy. (New section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 ToxReg 3466) (a) A licensee or permit holder shall notify the department of changes to any of following information (1) change in the licensee's or permit holders name no later than the effective date of the change; (2) change of the licensee's or permit holder's mailing or physical address no later than the effective date of the change; or (3) change in the licensee's drug and alcohol testing policy no later than 30 days before the effective date of the change. (b) The requirements of subsection (a)(3) apply only to a towing company regulated by this chapter, 86.703. Responsibilities of Towing Company --Change of Ownership. (Neiv section adopted effective April 15, 2008, 33 TexReg 2940: amended effective May 3, 2010, 35 TexReg 3486) A towing company must file an original application for licansure when there is a change in the ownership of the company, including but not limited to, a corporate merger or a change in the sole proprietorship or partnership. 86.704. Responsibilities of Towing Company Unauthorized Fees. (New section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 3486) An authorization for repairs may not be executed at the scene of an accident or included on a tow ticket authorized by law enforcement. 86.706. Responsibilities of Towing company --Standards of Conduct. (New section adopted effective April 16, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 3486) (a) A towing compa rly may not directly or indirectly give anything or value to a parking facility owner in connection with the removal of a vehicle from a parking facility. (b) A towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company for compensation removes unauthorized vehicles. (c) In an area in which no potitia subdivision regulates the fees that may be charged or collected for a nonconsent tow front private property, a toviing company must comply with Texas Occupations Code, §2308.204. 1-ittp://wv\,w.license.state.tx.us/towing/to'",rules.litm 6/21/2011 Towing Administrative Rules Page 12 of 16 (d) A towing company may not tow a vehicle to a vehicle storage facility unless the vehicle storage facility is in compliance with the required postings in Texas Occupations Code, §2308.207. (e) A towing, company may not remove and store an unauthorized vehicle unless authorized by Texas Occupations Code, §2308.255. (0 A towing company may not perform a nonconsent tow unless the property from which the vehicle is towed is in compliance with Texas Occupations Code, §§2308.301-2308.305. (g) Except as authorized by Texas Occupations Code, §§2308,351.2308.354, a towing company may not perform a nonconsent tow ffem. (1) a leased right-of-way; (2) an area between a parking facility and a public right-of-way; (3) a public right-of-way or (4) a public roadway. (h) A towing company may not contract for Vie removal from a parking facility of a vehicle that does not display an unexpired license plate of registration insignia or a valid inspection certificate, unless before the tow, the towing company notes on the tow ticket the: (1) name of the person or company that authorized the tote; (2) telephone number of the company or person that authorized the tow;. and (3) date of compliance with the notice provisions in Texas Occupations Code, §2308,253(o). (i) A towing cornpany or towing operator may riot charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department. 0) A towing company or towing operator may not charge a fee related to a nonconsent tow that is not listed in the schedule most recently submitted to the department. (k) A towing company must keep record of every nonconsent tow including, but not limited to, the following information: (1) vehicle description, including license or vehicle identification number, if available; (2) the specific rule or statutory provision sanctioning the tow, (3) each fact justifying the nonconsent tow, (4) location vehicle towed from; and (5) vehicle storage boa lion. (1) A towing operator must allow department personnel and law enforcement to inspect a tow truck permitted under this chapter. 86.706. Responsibilities of Towing Company --Required Postings at Vehicle Storage Facility (VSFj. (Neva section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 3466) (a) A towing company must provide its nonconsent towing fees schedule to all VSF's to which the towing company delivers vehicles for storage. (b) The nonconsent towing fees schedule provided to the VSF and made available to the public at the VSF must match the nonconsent tolling fees schedule on file with the department. (c) A towing company may not collect nonconsent towing fees unless the VSF accepting nonconsent towed vehicles post a sign in one inch letters stating "Nonconsent tow fees schedules available on request." (d) The nonconsent towing fees schedule must be made available to any requester during normal business hours of the VSF. 86,708. ResponsibilWes of Towing Company --Tow Truck License Plates, (Never section adopted effective April 15, 2008. 33 TexReg 2940; amended effective May 3, 2010, 35 TexReg 3486) Unless allowed by another law or regulation a bluing company or tow black operator must not operate or cause a tow truck to be operated on the public roadways of this State unless the tow truck displays current license plates that includes the words "Tow Truck." 86.709. Responsibilities of Towing Company --Tow Ticket. (New section adopted effective April 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3466) (a) A towing company must prepare and issue a tow ticket for each nonconsent tow. (b) A copy of the tow ticket must be given to the vehicle owner, if the owner or operator is present and available at the time of the tow, and a copy delivered to the vehicle storage facility, or place agreed upon by the towing operator and vehicle owner. (c) The tow ticket shall only authorize charges directly related to touring the vehicle to a designated location authorized by subsection (b). (d) The tow ticket shall itemize each charge and must characterize the fees casing the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the department. (e) The flow ticket must contain the licensed name of the towing company, publicly listed telephone number, towing company certificate of registration number, and the full printed name and TDLR license number of the towing operator. 86.710. Responsibilities of Towing Company --]rang and Alcohol Testing Policy. (New section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 3. 2010, 35 TexReg 3486) (a) A towing company adopting paragraphs (1) - (12) of this subsection will comply with Texas Occupations Code, §2308.158, (1) Purpose and Scope. This drug and alcohol testing policy provides guidance to supervisors and towing operators about their responsibilities under this policy. Except as stated in paragraph (12), this policy applies to all towing operators and al towing operator job applicants. (2) Definitions. The words and terns used in this policy shall have their ordinary meaning unless the words or terms are used in Texas Occupations Code, Chapter 2308 or Title 49 Code of Federal Regulation Part 40, in which event the words or terms shall have the meaning designated in those regulations. littp H,rN,A .license.state.tx.us/towiiig/towrules.htm 6/2112011 Towing Administrative Rules Page 13 of 16 (3) Consent Form. (A) Before a drug or alcohol test is administered, towing operators and applicants are required to sign a consent form authorizing the test and permitting release of test results to the medical review officer (MRO), the company, and the department. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the drug and alcohol testing policy. (B) The consent form shall set forth the following information: (i) the procedure for confirming and verifying an initial positive test result; (ii) the consequences of a verified positive test result; and (iii) the consequences of refusing to undergo a drug or alcohol test. (C) The consent form also provides authorization for certified or licensed attending medical personnel to take and have analyzed appropriate specimens to determine if the tested drugs were present in the towing operator's or appflcanl's system, (4) Compliance with Drug and Alcohol Testing Policy. The failure or refusal by a towing operator or applicant to cooperate fully by signing necessary consent forms or other required documents or the failure or refusal to submit to any test or any procedure under this policy in a timely manner will be grounds for refusal to hire or for termination. The submission by an applicant or employee of a urine sample that is not his/her own or is a diluted specimen shall be grounds for refusal to hire or for termination. (5) General Rules This drug and alcohol testing policy is governed by these general rules: (A) towing operators shallnot take or be tinder the influence of any drugs unless prescribed by the employee's licensed physician. (B) taming operators are prohibited from engaging in the manufacture„ sale, distribution, use, or unauthorized possession of Illegal drugs at any time. (C) All towing company property is subject to inspection at any time without notice. There should be no expectation of privacy in or on such property, owing company properly includes, but is not limited to, vehicles, desks, containers, files, and lockers. (D) Any towing operator convicted of violating a criminal drug or alcohol statute shall inform hislher supervisor of such conviction (including pleas of guilty and polo contendere) within five days of the conviction occurring. failure to inform the supervisor subjects the employee to disciplinary action up to anti including termination for the first offense, The towing company will notify the Texas Department of Licensing and Regulation of the conviction (including pleas of guilty and nolo contendere). (6) Types of Tests (A) Pre -employment. All applicants for positions requiring a towing operator's license, who have received a conditional offer of employment, must take a drug test before receiving a final offer of employment. (6) Annual. All towing operators employed by a towing company must complete at least one scheduled drug test each 12- month period from the date of the initial license or renewal. (C) Random Testing. In addition to annual testing, towing operators are subject to random urine drug and alcohol testing. Under this policy, annual random test for drugs and alcohol of at least 25 percent of the total number of towing operators is required. (i) A minimum of 15 minutes and a maximum of two hours will be allowed between notification of a towing operator for random urine drug and alcohol testing and the actual presentation for specimen collection. (ii) Random donor selection dates will be unannounced with unpredictable frequency. (D) Return -to -Duly and follow-up. (i) Any towing operator who has violated this drug and alcohol testing policy and is allowed to return to work must submit to a retum-to-duty test. follow-up tests will be unannounced, and at least six tests will be conducted in the first 12 months after a towing operator returns to duty. follow-up testing may be extended for up to 68 months following return to duty. The test results of all return to duty and follow-up must be negative. (6) The towing operator will be required 10 pay for his or her return -to -dusty and follow-up tests accordingly. (7) Drug Testing. The drugs for which tests are required under this policy are marijuana, cocaine, amphetamines, phencyclidina (PCP), and opiates. (8) Specimen Collection Procedures. (A) All urine specimens will be collected by a laboratory that is cortified and monitored by the federal Department of Health and Human Services. (B) Drug and alcohol testing procedures Include split specimen procedures. Each urine specimen is subdivided into Nvo bottles labeled as a "primary" and a "split' specimen. Only the primary specimen is opened and used for the urinalysis. The split specimen bottle remains sealed and is stored at the laboratory. (C) If the analysis of the primary spocimen confirms the presence of drugs or alcohol, the touring operator has 72 hours to request sending the split specimen to another Federal Department of Health and Human Services (DHHS) certified laboratory for analysis. The towing operator will be required to pay for his or her split specimen test(s). (D) For the towing operators protection, the results of the analysis will be confidential except for the testing laboratory. After the MRO has evaluated a positive test result, the towing operator will be notified, and the MRO will notify the company. (E) The towing company will notify the department of the positive test result. Notification to the department must occur within 3 days of receipt of the confirmed test results from the MRO. The notification must include the: (I) tom operator's name; littp:H,A,ww.license.state.tx.us/towing/towrules.litn-i 6/21 /2011 Towing Administrative Rules Page 14 of 16 (ii) tow operator's license number; (iii) date of the positive test; (iv) substance detected by the drug and alcohol test; and (v) disciplinary action imposed violation of the drug testing policy. (9) Reporting and Reviewing of Drug and Alcohol Testing Results. (A) The company shall designate a medical review officer (MRO) to receive, report, and store testing information transmitted by the laboratory. This person shall be a licensed physician with knowledge of substance abuse disorders. (0) The laboratory shall report test results only to the designated MRO, who will review them in accordance with accepted guidelines and the procedures adopted by the Federal Department of Transportation, (C) Reports from the laboratory to the MRO shall be in writing or by fax. The MRO may talk with the towing operator by telephone upon exchange of acceptable identification. (0) Neither the company, the laboratory, nor the MRO shall disclose any drug or alcohol test results to any other person except under written authorization from the towing operator, unless such results are necessary in the process of resolution of accident (incident) investigations, requested by court order, or required to be released to parties having a legal right -to -know as determined by state and federal law. (10) Distribution of Information to Towing Operators. The minimal distribution of information for all towing operators wilt include the display and distribution of. (A) informational material on the physical and mental effects of drugs and alcohol; (B) an existing community services hotline number, available drug and alcohol counseling, rehabilitation, and assistance program; (C) the company's policy regarding the use of prohibited drugs and/or alcohol: and (D) the consequences or disciplinary action that may be imposed upon VSF employees for violating the drug and alcohol policy. (11) Consequences of a Confirmed Positive Drug and Alcohol Test. (A) Job applicants will be denied employment if their initial positive pre -employment drug test results have been confirmed. (B) If a towing operator's positive drug and alcohol test result has been confirmed, the towing operator will stand down from towing operation duties and may be subject to disciplinary action up to and including termination. (C) The company may consider the following factors in determining the appropriate disciplinary action the to%virrg operator's work history, length of employment, Current work assignment, current job performance, and existence of past disciplinary actions. (D) No disciplinary action may be taken pursuant to this drug and alcohol policy against towing operators who voluntarily identify themselves as drug or alcohol users, obtain counseling, rehabilitation and comply with return to duty and follow-up drug and alcohol testing. (12) Exceptions. (A) Towing operators subject to random drug and alcohol testing under Title 49, Code of Federal Regulation, Part 40 who have been randomly tested in the 12- month reporting period are exempt from the annual test requirement, provided that the towing operator's tested negative and the negative test feSUItS are Submitted to and verified by the MRO. (B) Towing operators holding a valid Towing Operator License issued by the department who are tested for drugs and alcohol in accordance with 16 Texas Administrafive Code Chapter 85 are exempt from this section, (b) Independent drug and alcohol testing policy. (1) A towing company may file an independent drug and alcohol testing policy. (2) The filing must describe how the independent drug and alcohol testing policy is as stringent as each provision of the model policy set forth in subsection (a). (c) Compliance. A towing company is required to adopt and implement an alcohol and drug testing policy that complies with subsection (a) or (b). 86.800. Fees. (New section adopted effective April 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3485) (a) Application Fees (1) Permit Tow Truck (A) Original Application--$75 (B) Renewal--$75 (C) Duplicate Permit —No charge (D) Permit Amendment--$25 (2) Tow Company License (A) Original Application--$350 (B) Renewal--$350 (C) Duplicate License--$25 (D) Permit Amendment--$25 http://m,Nvw.license.state.tx.us/towing/towrules.htiii 6/21/2011 Towing Administrative Rules Page 15 of 16 (3) Operator License (A) Original Application--$100 (B) Renewal--$100 (C) Duplicate License--$25 (D) Operator License Amendment--$25 (E) Training License--$25 (4) Dual Vehicle Storage Facility License and Tow Operator (A) Original Application --$150 (B) Expedited Dual License--$75 (0) Renewal--$150 (b) Risk -based inspectfons-5150 (c) Late renewal fees for licenses and permits issued under this chapter are provided tinder §60.83 of this title (relating to Late Renewal Fees) (d) All fees are nonrefundable except as provided for by commission rules or statute. 86.1300. Sanctions and Administrative Penalties. fNew section adopted effective April 15, 2006, 33 TexReg 2940) A person that violates Texas Occupations Code, Chapter 2308, a rule, or an order of the Executive Director or Commission relating to Texas Occupations Code, Chapter 2308, will be Subject to administrative sanctions and/or administrative penalties Linder Texas Occupations Code, Chapters 51 and 2308 and applicable agency rules. 86.1304. Cease and Desist Order. (New section adopted effective April 15, 2008, 33 TexReg 2940) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines the action is necessary to prevent a violation of this chapter and to Protect Public health and safety. B6. N, Requirement to Reimburse. (New section adopted effective Maya, 2010, 35 TexReg 3486) A license or permit holder charging a fee greater than the fee listed on its most recent fee schedule submitted to the department or a fee not listed on its most remit fee schedule submitted to the department may be ordered to reimburse the vehicle owner or operator of the over charges and unauthorized charges. 86.903. Enforcement of Unpaid Judgments, (New section adopted effective May 3, 2010, 35 TexReg 3486) (a) The department shall suspend a license holders license on the license holder's failure to pay a final judgment awarded to an owner or operator of a vehicle before the 601h day after the date of the final judgMCntr The department must provide notice of the suspension to the license holder at least 30 days before the date the license is to be suspended (b) The owner or operator of the vehicle shall submit a certified copy of the final judgment to the department. (c) On receipt of the certified copy of the unpaid final judgment, the department shall disqualify a person from renewing a license or permit or deny the person the opportunity of taking a licensing examination on the grounds that the person, towing company, or vehicle storage facility has not paid a final judgment awarded to an owner or operator of a vehicle. (d) The department shall reinstate the license on submission of evidence satisfactory to the department of payment of the final judgment by the person, towing company, or vehicle storage facility. 86.1000. Technical Requirements-Jow Truck Safety Equipment and Truck Operations, (New section adopted effective April 15, 2008, 33 TexReg 2940; amended effective May 8, 2010, 35 TexReg 3466) (a) Except as provided in subsection (b), each tow truck must carry proper safety equipment. Proper equipment includes, but is not limited to, the following: (1) At least one 10 pound or two 5 pound multiple purpose fire extinguisher, in good working condition; (2) Magnetic tow lights, unless wireless, with appropriate cable and cushions to protect a vehicle's Finish; (3) Tow dollies as appropriate; (4) Straps and tie downs as specified by the low truck manufacturer; (5) Gloves; (6) Wheel chocks; (7) Five gallon trash receptacle; (8) Broom and shovel; (9) Thirty-six inch crow bar; anti (10) Triangle reflectors, Fares, cones, safety lights or other appropriate safety signals. (b) Tow trucks permitted under §86 203 are exempt from the requirements of subsections (9)(3), (a)(7), and (a)(9). (c) Each tow truck shall: (1) have a legible manufacturer's data plate indicating the capacity of the boom, the winch and the carry mechanism; or (2) have a document in the truck from the manufacturer stating the capacity of the boon), the winch and the carry mechanism (d) Every hydraulic line on each tqw, truck Must be free of leaks and be in good working condition free of defects. htip://�vww.license,state.tx.us/towing/towrules.litiii 6/21/2011 Towing Administrative Rules Page 16 of 16 (e) The winch must not exceed the capacity of the boom or teak oil. (f) The cables must be as specified by the manufacturer and be in good condition, within manufacturer guidelines. (g) Each tow track must have a copy of the annual state inspection. (h) Tow trucks placed in service after May 1, 2008, must contain the original manufacturer's warning labels on the truck, trick bed, winches, and all other accessories. 86.1001. Technical Requirements --Towing Operator Safety Clothing and Identification,. (Neivsection adopted effective April 15, 2008, 33 TexReg 2940, amended effective May 3, 2010, 35 TexReg 3486) (a) Towing operators, as a condition of their license must comply with the protective clothing policy. (b) Towing operators must wear at all times when using or assisting in the use or operation of a licensed tow truck on a road or road related area' (1) a uniform, clearly marked with the tow company's name as it appears on the tow, company license. (2) a reflective vest, shirt, or reflective jacket at all times while working outside the tour truck; Lie reflective vest, shirt, or reflective jacket must meet the ANSVISEA requirements for high visibility safety apparel. (c) When performing towing operations, all I= truck operators must carry and openly display the appropriate TDLR issued original towing operator license. (d) Tow operators permitted under §86.211 are exempt from the requirements of subsection (b)(1). 86,1002. Technical Requirements —Towing Company Records. (New section adopted effective April 15, 2008, 33 TexReg 2040) (a) General records to be maintained. Except as provided in paragraphs (1) and (2)„ every towing company shall maintain at a principal office in Texas all records and information required by the department. (1) Texas firms. If a towing company wishes to maintain records at a location other than its pdncipat office in Texas, Lae towing company shall make a written request to the department. A tow company may not begin maintaining records at an alternate location until the request is approved by the department (2) Out-of-state firms. A towing company whose principal business address is located outside the state of Texas shall maintain records required under this section at its principal office in Texas. Alternatively, a towing company may maintain such records at an out-of-state facility if the towing company reimburses the department for necessary travel expenses and per diem for any inspections or investigations conducted under these rules. (b) Preservation and destruction of records. All books and records generated by a tow company roust be maintained for not less than two years at the towing company's principal business address. Top of Page I Towing, Storage and VSF Home Page ( TDLR Home rage Privacy and Security Policy j Accessibility I open Records Policy Link Policy I compact with Texans Texas online I TRAIL Search I Texas Homeland Security Links I Where the Money Goes http://,,N,mN,.license.state.tx.tis/towiiig/towi-Liles.htm 6/21/2011 § 78-163 LA PORTE CODE Sees. 78-163-78-195. Reserved. DP SION 1. GENERALLY See. 78-196. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Auto wrecker means a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle fi-om the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. Consent towing means any tow of a motor vehicle with the consent of the owner or operator of the vehicle. Non -consent towing means any tow of a motor vehicle without the consent of the owner or operator of the vehicle. Owner means any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any auto wrecker or towing vehicle, and who uses such vehicle in the conduct of his business or any part thereof. Towing vehicle means any automobile, truck or other motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any motor vehicle which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose including, but not limited to, the purpose of wrecking, storing or repairing the vehicle, and toes not appear at the scene of an accident where a vehicle has been disabled upon a public street or public place for the purpose or �ectation �win �one ofthe vehicles from the scene. The term "tow-ing vehicle" shall not he construed to include a set -vice car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped with compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. *State law reference —Texas tow truck act, Vernon's Ann. Civ. St. art. 6687-96. Supp. No. 15 CD78:18 VEHICLES FOR HIRE § 78-222 Wrecker driver means any individual who actually operates and drives a towing vehicle or an auto wrecker on the streets of the city, either on his own account or in the employ of another. (Code 1970, § 6-1; Ord. No. 1746, § 1(6-1-B), 2-25-91; Ord. No. 96-2136, § 1(6-1-B), 9-23-96; Ord. No. 2136-A, § 1, 1-22-07) Cross reference —Definitions, generally, § 1-2. See. 78-197. Effect of state law and regulations. The provisions of this article are subject to the provisions of V.T.C.A., Transportation Code H 502,281, 502.051 and 502.102 and the Texas Vehicle Storage Facility Act, Vernon's Ann. Civ. St. art. 6687-9a. In the event of any conflict between the provisions of this article and any provisions of such state statutes and the regulations promulgated thereunder, the provisions of the relevant state statutes and regulations thereunder shall control, to the extent of such conflict. Specifically, and without limiting the generality of the foregoing, the city may not require a tow truck registered under the provisions of the state Tow Truck Act, to obtain city registration, license or porn --Lit for consent tows unless the tow truck owner has a place of business located within the boundaries of the city. The city may require city registration, license or permit for all tow trucks performing nonconsent tows within the boundaries of the city without regard to the location of the place of business of the tow truck owner. The city registration, license or permit will be in addition to the requirements of the state Tow Truck Act. (Ord. No. 1746, § 1(6-1-A), 2-25-91; Ord, No, 96-2136, § 1(6-1-A), 9-23-96) State law reference —Similar provisions, Vernon's Ann. Civ. St. art. 6687-9b, § 5. DIVISION 2. WRECIM COMMITTEE See. 78-221. Creation; composition. There is hereby created a wrecker connnittee. The wrecker committee shall be composed of the following persons: (1) The chief of police, or his duly designated representatives; (2) The city secretary; (3) The city manager or his duly designated representative. (Ord. No. 1746, § 1(6-1-B), 2-25-91; Ord, No, 96-2136, § 1(6-1-B), 9-23-96) See. 78-222. Authority to promulgate rules of operation. The wrecker committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provisions of this article and deemed necessary to protect public safety and welfare. Specifically, but without limitation, the committee is hereby authorized to promulgate any rules relating to restrictions on the number Supp. No, 15 CD78:19 § 78-222 LAPORTE CODE of auto wreckers which may operate on the streets of the city at any one time, to the extent any such rules are directly related to the promotion of public safety. The committee shall cause the city secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates of such rules. Any permit holders shall have the right, in accordance with the provisions of section 78-224, to appeal to the city council with regard to any rules and restrictions promulgated by the committee felt by such permit holder to be unduly onerous. (Code 1970, § 6-16; Ord. No. 1746, § 1(6-16), 2-25-91; Ord, No. 96-2136, § 1(6-16), 9-23-96; Ord. No. 2136-A, § 2, 1-22-07) See. 78-223. Revocation or suspension of auto Nvrecker or toNving vehicle permits. (a) Upon a complaint being filed by any person with the city secretary of a violation of any of the terms or provisions of this article or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee illay, after ten days' written notice to the permit holder stating the grounds of such complaint, conduct a hearing to hear evidence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this article or the laws of this state or federal government or other ordinances of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or an auto wrecker shall have the light to appeal to the city council within ten days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the city secretary, stating that an appeal is desired from the revocation of the committee. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten days, as set out in this subsection, the decision of the committee shall be final. (Code 1970, § 6-13; Ord. No. 1746, § 1(6-13), 2-25-91; Ord. No. 96-2136, § 1(6-13), 9-23-96) See. 78-224. Right of appeal from the rulings or findings of the committee. Subject to restrictions on appeal under section 78-222 of this article, on all issues heard by the committee there is a general right of appeal to the city council. After the -wrecker committee has made its findings and declares such findings, the applicant, or any person opposing the application who entered an appearance at the hearing before the committee, shall have the right to file -ail appeal within ten days from the receipt of the city secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the city secretary stating that an appeal from the decision of the committee is desired. The city secretary shall notify the city council of such appeal, and the council, as soon as practicable, after receiving such notice of appeal, together with the findings Supp. No. 15 CD78:20 VEHICLES FOR HIRE § 78-246 of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city secretary of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten days, as indicated in this section, then such decision shall become final. (Code 1970, § 6-10; Ord. No. 1746, § 1(6-10), 2-25-91; Ord. No. 96-2136, § 1(6-10), 9-23-96; Ord. No. 2136-A, § 3, 1-22-07) Sees. 78-225-7&245. Reserved. DIVISION 3. PERMITS Subdivision I. In General See. 78-246. Insurance; required coverages. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of such permit shall be granted, the owner shall be required to file an insurance policy and/or certificate of insurance policy and/or certificate of insurance with the city secretary, evidencing insurance coverage complying with the requirements contained in subsection (b) of this section. (b) Insurance coverage in subsection (a) of this section means an insurance policy and/or a certificate of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company qualified to do business in the state and performable in this county. All insurance policies or certificates of insurance, including garage liability policies, must show the year, -make and model, state license number and motor number of all towing vehicles or auto wreckers, which have been authorized to operate by the city. Further, all insurance policies or certificates of insurance must include an endorsement listing the city as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the city secretary shall be given at least ten days' written notice prior to the date of cancellation before such policy may be canceled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the state Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. Each tow truck with the gross vehicle weight of 26,000 pounds or less must carry $300,000.00 combined single limit coverage. Each tow truck with a gross vehicle weight over 26,000 pounds must carry $500,000.00 combined single limit coverage. Insurance coverage shall comply with the provisions of the state Tow Truck Act in all respects. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as required in this section is not in full force and effect at all times, with satisfactory evidence that such insurance is in full force and in effect, being on file with the city secretary. (Ord. No. 1-746, § 1(6-3), 2-25-91; Ord. No. 96-2136, § 1(6-3), 9-23-96) Supp. No. 15 § 78-247 LA PORTE CODE See. 78-247, Permits are personal to wwhers; transferal. A permit issued under this article for a towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker, The permits issued pursuant to this article are transferable as between owners only upon the express approval of the committee, and shall be subject to a transfer fee in an amount established by the city and listed in appendix A of this Code, if approved. A denial of the right to transfer a permit may be appealed to the city council, in compliance with the terms of section 78-224. Upon cancellation of any permit no portion of the permit fee shall be refunded to the owner. (Code 1970, § 6-15; Ord. No. 1746, § 1(6-15), 2-25-91; Ord. No. 96-2136, § 1(6-15(a)), 9-23-96; Ord. No. 2136-A, § 4, 1-22-07) See. 78-248. Operation of unlicensed vehicle. In any prosecution for not obtaining a permit as required in sections 78-271 and 78-296, proof that an owner's wrecking vehicle was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his wrecking vehicle as an unlicensed towing vehicle or auto wrecker as the case may be. (Ord. No. 1746, § 1(6-2), 2-25-91; Ord. No. 96-2136, § 1(6-2(c)), 9-23-96) Subdivision H. Towing Vehicle Permit It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any towing vehicle upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for -hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained a towing vehicle permit, from the city, duly issued to such person to operate the vehicle on the streets of the city under the terms and provisions of this article. (Code 1970, § 6-2(a); Ord. No. 1746, § 1(6-2(a)), 2-25-91; Ord. No. 96-2136, § 1(6-2(a)), 9-23-96) Any owner desiring to operate a towing vehicle in the city shall apply in writing for a permit to the city secretary, and shall state the following in 1--Lis application: (1) The name and address of the owner. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given, together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. Supp. No. 15 CD78:22 VEHICLES FOR HIRE § 78-274 (2) The number of towing vehicles the owner desires to operate, listing the make, model, vehicle identification number and correct state license number of each towing vehicle. (3) The true ownership of each towing vehicle. If not owned outright by the owner, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract with some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this article, the rules and regulations promulgated by the chief of police, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permit may be revoked or suspended after a public hearing by the committee with ten days prior written notice. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee in an amount established by the city and listed in appendix A of this Code for each towing vehicle the owner desires to operate. All permits shall expire on December 31 of each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding December 31. If a permit is granted subsequent to January I in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. (Code 1970, § 1(6-4); Ord. No. 1746, § 1(6-4), 2-25-91; Ord, No. 96-2136, § 1(6-4), 9-23-96; Ord. No. 2186-A, § 5, 1-22-07) See. 78-273. Issuance. After the owner has filed his toNving vehicle application, permit fee and insurance policy, and the city secretary or his designee has examined them and found them to be in compliance with the terms of this article, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon its face a notice that the permit expires on the succeeding December 31. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as provided in this section. (Code 1970, § 6-5; Ord. No, 1746, § 1(6-5), 2-25-91; Ord. No. 96-2136, § 1(6-5), 9-23-96) See. 78-274. Additional and replacement. (a) When an owner has obtained a towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional towing vehicles, Supp. No. 15 CD78:23 § 78-274 LA PORTE CODE giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permits. (b) He shall also file with the city secretary or his designee a new insurance policy, or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The city secretary or his designee shall examine such supplemental towing vehicle application, fee and policy, and if they are in order, shall issue towing vehicle permits covering each additional towing vehicle, (d) Whenever an owner wishes to discontinue the use of a towing vehicle during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in its place. He shall also attach a certificate from his insurer that such insurer has been notified and has agreed to make the appropriate transfer of coverage. The city secretary shall, upon the payment of a transfer fee in an amount established by the city and listed in appendix A of this Code, issue the owner a new permit covering the replacement towing vehicle as provided in section 78-273, and cause the old towing vehicle permit to be canceled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and license number, (Code 1970, § 6-6; Ord. No. 1746, § 1(6-6), 2-25-91; Ord. No. 96-2136, § 1(6-6), 9-23-96) Sees. 78-275-78-295. Reserved. Subdivision M. Auto Wrecker Permit It shall be unlawful for any person to drive or operate, or cause to be driven or operated, any auto wrecker upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire or as an incident to obtaining the business of storing, ,vTecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the city, duly issued to such person to operate an emergency auto wrecker on the streets of the city, The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (Code 1970, § 6-2(b); Ord, No, 1746, § 1(6-2(b)), 2-25-91; Ord. No. 96-2136, § 1(6-2(b)), 9-23-96) Any owner desiring to operate an emergency auto wrecker in the city shall make application to the city secretary for an auto wrecker permit. Such application shall be submitted upon forms to be furnished by the city secretary, and the applicant shall furnish the following proof and information with his application: (1) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some company other than the name of the owner, then the Supp. No. 15 CD78:24 VEHICLES FOR HIRE § 78-297 name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wxeckex pexrrait shall be issued in the Joint names, and no transfer from one company to another company by the owner shall be permitted. If the applicant is an individual, the application shall so state. If the applicant is a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If the applicant is a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this article shall apply to and be required of each partner or each principal officer, and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the city secretary within ten days after the change, and such new officers or partners shall individually file applications certifying to their individual qualifications within such time. The failure to certify within such time or to possess such qualifications required of such persons under this article shall be cause for the suspension of all permits held by such corporation or partnership. (2) The application shall list the make, model, motor mmiber and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (3) Any person making application for an auto wrecker permit shall deposit with the city -secretary, upon making the application, a sum of money in the amount established by the city and listed in appendix A of this Code. Such sum shall be used to pay for the advertising of such application in the newspaper for two consecutive weeks, and for staffing, processing, and reproduction costs incurred in connection with the apphca- tion. Within 15 days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two consecutive weeks a notice to all holders of auto wrecker permits and all other interested persons, Such notice shall advertise the time and place of the public hearing, which hearing shall be held not less than 15 days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the city secretary may deem necessary. If the amount deposited is insufficient to pay the cost of the advertising, staffing, processing, and reproduction costs associated with the application, the city secretary shall then require the applicant to pay for the deficiency. (4) The committee shall have in attendance at such hearing a representative from the city legal department, and any other persons that it may deem necessary to conduct such hearing. (5) In determining whether the permit shall be granted, the committee shall take into consideration the following: a. The financial responsibility of the applicant; Sapp, No. 15 CD78:25 § 78-297 LA TORTE CODE b, Make, model and type of vehicle to be used; C. Whether or not all insurance required by this article has been procured, or will be procured; d. That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, that the lot is located within the city limits and conforms to the use, setbacks, parking, screening, landscaping and any other applicable regulations as set forth in chapter 106 of the Code of Ordinances, It is the responsibility of the applicant to request a site inspection fiom the planning department, inspections division prior to the hearing; e. Determine that all city ad valorein taxes and other taxes of the applicant have been paid; f. Whether the vehicle shall be operated by the owner, or by his employee with a bona fide employer/einployee relationship; g. Whether the applicant proposes to own, rent or lease the vehicle to be useda h. The number of auto wreckers for the applicant then in existence and licensed; i. Whether the applicant shall be able to demonstrate the ability to at all times respond to police calls for emergency wreckers within 20 minutes of the call; and j. Any and all other facts the committee may deem relevant. (Code 1970, § 6-7; Ord. No. 1746, § 1(6-7), 2-25-91; Ord. No. 96-2136, § 1(6-7), 9-23-96; Ord. No, 2136-A, § 6, 1-22-07) See, 78-298. Notification of applicant of statics. If the committee finds, after the hearing and investigation, that an applicant has met all of the criteria listed in this division, the committee shall then instruct the city secretary to notify the applicant in writing within ten days from the last date of the hearing that such vehicle is authorized to operate under the provisions of this article so long as they are in compliance with all of the provisions of this article and all federal, state, county and city laws and ordinances. The committee shall also instruct the city secretary to publish an official notice of its findings in the newspaper within such time, (Code 1970, § 6-8; Ord. No. 1746, § 1(6-8), 2-25-91; Ord, No, 96-2136, § 1(6-8), 9-23-96; Ord. No. 2136-A, § 7, 1-22-07) If the wrecker committee finds from its hearings and investigation that the applicant has not met the criteria in section 78-297(5), it shall instruct the city secretary to so notify the applicant in writing within ten days from the last date of the hearing. An applicant who has been denied a permit by the committee, and whose appeal to the city council is denied, or the Supp. No. 15 CD78:26 VE AICLES FOR HI�E decision has not been appealed to the city council, shall not be permitted to make another application for six months ftom the date of his filing of the application for the auto wrecker perinit. (Code 1970., § 6-9; Ord. No. 1746, § 1(6-9), 2-25-91; Ord. No. 96-2136, § 1(6-9), 9-23-96) See. 78-300. Fee. The permit fee to operate an auto wrecker shall be an amount established by the city and listed in appendix A of this Code per year for each auto wrecker which the owner is permitted to operate. All permits shall expire on December 31 of each year and shall then be renewed until the next succeeding December 31. If a permit is granted subsequent to January 1 in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. (Code 1970, § 6-11; Ord. No. 1746, § 1(6-11), 2-25-91; Ord. No. 96-2136, § 1(6-11), 9-23-96; Ord. No. 2136-A, § 8, 1-22-07) See. 78-301. Issuance. After the owner has filed his application for an auto wrecker permit, a hearing has been held, the applicant has been approved by the wrecker committee, the applicant has filed the required insurance, the auto wrecker to be permitted has been presented to the police department for an inspection, the auto wrecker has passed such inspection, a certificate of passage of inspection has been presented by the police department to the chief building official, and the city secretary and city attorney have examined same and found them to be in compliance with the terms of this article, the city secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the license number of the auto wrecker. Such permits shall be issued by the city secretary upon authorization of the wrecker committee and shall be attached to the auto wrecker. Such permits shall be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the state for the auto wrecker. These permits are and shall always remain the property of the city. In the event of suspension or revocation of a permit, for any cause, it shall be unlawful for the owner of the permit to retain such permit, and he shall cause the permit to be destroyed or surrendered to the city secretary immediately upon notification of such suspension or revocation, as is feasible. (Code 1970, § 6-12; Ord. No. 1746, § 1(6-12), 2-25-91; Ord. No. 96-2136, § 1(6-12), 9-23-96; Ord. No, 2136-A, § 9, 1-22-07) Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate fi•om his insurer that such insurer has been notified and, agrees thereto. The city secretary shall, upon the payment of a transfer fee Supp. No. 15 CD78:27 § 78-302 LA PORTE CODE in an amount established by the city and listed in appendix A of this Code, issue the owner a new perinit covering the new auto w-recker, as provided in section 78-301, and cause the old auto wrecker permit to be canceled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and license number, (Code 1970, § 6-14; Ord. No. 1746, § 1(6-14), 2-25-91; Ord. No. 96-2136, § 1(6-14), 9-23-96) Sees. 78-303-78-325. Reserved. DIVISION 4. REGULATIONS See. 78-326. Wrecker rotation list. (a) All auto wreckers desiring to be called for wrecker service by the city police department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the police department. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the city police department, except in a nonarrest situation, where the vehicle owner has requested a specific wrecker. W When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner of a vehicle is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has designated the wrecker company desired, the police officer shall communicate the fact immediately to police department headquarters, and it shall be the duty of the dispatcher receiving such information at headquarters to call the designated company, provided the company can respond to the location within 20 minutes. If the company cannot respond in the designated time, the owner shall be so informed and given an opportunity to designate another company. (d) If the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate the fact immediately to police department headquarters. The police department shall maintain a wrecker rotation list which shall contain the names and addresses of each wrecker service company that complies with the provisions of this article in order that such company might be called upon for wrecker service by the police department. The police officer receiving a call at police headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the vehicle fi-om the public streets of the city. After the company at the top of the list receives a call, then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this article has received calls. The police department shall notify each -wrecker company in sufficient time prior to its rendering such Supp. No. 15 CD78:28 VEHICLE FOR HIRE § 78-327 Nvrecker service in order that the company might adequately provide the necessary men and equipment to answer the calls. Specifically requested wreckers must be duly licensed by the state and able to respond to the scene within a 20-minute time frame. If they cannot respond in that tij-ne fi-ame, the officer in charge will advise the requesting party and request a wrecker from the rotating list. (e) If a wrecker service company is requested by the police department to make a call and the company agrees to make the call, then the company shall proceed immediately to the scene where it is directed and shall be given a 20-minute time frame to reach such location. If the wrecker service company answering the call has not reached the location within 20 minutes, then the officer at the scene may proceed to call the next wrecker service company on the list, and that company shall have priority over that particular call. If the wrecker service company called fails to comply with the provisions of this article by proceeding to the designated place within the time specified in this subsection, then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. (f) This section only applies to accident scenes and not to custodial arrests. The 20-minute time fi-arne does not apply if the officer in charge deems the situation to be too dangerous in nature to wait that period of tune. (Ord. No. 1746, § 1(6-19,), 2-25-91; Ord. No. 96-2136, § 1(6-18), 9-23-96) See. 78-327. Proced-ure by auto wrecker operators at scene of disabled vehicle. (a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere Nvith traffic, He shall not park his vehicle within a distance of 50 feet fi•om a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wrecked or disabled vehicle at the place where an accident has occurred, by words, cards, circulars or gestures, (c) All auto wrecker drivers arriving at the place where any accident has occurred shall obey all orders given them by any police officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle until: (1) The police officers have completed their investigation; and (2) The driver of the vehicle, or the police officer where the driver is unable, has given permission. M The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section, and it shall be the duty of any wrecker Supp. No. 15 CD78:29 § 78-327 LA FORTE CODE owner to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of the police officers of the city arid the cornplotion of their. investigation. (f) M wrecker drivers shall, at all times, obey all traffic laws of the state and the city. (Ord. No. 1746, § 1(6-20), 2-25-91; Ord. No. 96-2136, § 1(6-17), 9-23-96) See. 78-328. Specifications and required equipment. (a) Minimum size. Each- auto wrecker and emergency auto wrecker shall not be less than one ton in size and shall be equipped with booster brakes, (b) Sta7idards of ivinch. Each auto wrecker and emergency auto wrecker shall be equipped with a power takeoff operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than 5,000 pounds, single line capacity. The winch line shall be at least three -eighths of an inch in diameter. (c) Flashing light, Each auto wrecker and emergency auto wrecker shall have a flashing light of at least four inches in diameter on the top of the cab, as prescribed or permitted by state law, visible from both the front and rear of the truck. (d) Wheels and tires. Each auto wrecker and emergency auto wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Required equipment. Each emergency auto Wrecker, and all auto wreckers that are to be eligible to be sununoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers, Such fire extinguishers are defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. The fire extinguisher shall be a standard type, chernical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares, The parking flares are defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. (3) Tow bars. The tow bars are that piece of equipment sometimes known as the A -frame, which is a part of the auto wrecker and is used to hold a vehicle which has been elevated for towing, stability and to prevent swinging of the raised vehicle as it is being towed. When a vehicle is being towed, the tow bar shall be in place to prevent swinging. (4) Broom and sand box. There shall be a broom and a sand box with at least a three -gallon capacity for the purpose of cleaning up oil and other liquids. (6) Shovel and pinch bar There shall be a shovel and pinch bar. (6) Container for debris. There. shall be a container to hold glass and debris. Supp. No. 15 CD78:30 VEHICLES FOR DIRE § 78-329 (7) Sign. There shall be a permanently affixed sign, with a minimum four -inch lettering, identifying the owner of the emergency auto wrecker, with such owner's phone number, address and the name of his business. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the equipment required by this section at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the police department of the city for compliance with the equipment requirements. (f) Clearing streets of debris and glass. It shall be the duty of the ch-iver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the vehicle away to clear the street of any and all debris, parts or glass. If two or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. (Code 1970, § 6-20; Ord, No. 1746, § 1(6-20), 2-25-91; Ord. No. 96-2136, § 1(6-19), 9-23-96) Cross reference —Removal of injurious material from streets, § 58-4.. Sec. 78-329. Permissible fees and charges for non -consent towing. (a) rl/la:ximum charge for non -consent torn, per wrecker; Except as otherwise provided in this section, the maxim -tun charge for all non -consent tows from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, shall not exceed an amount established by the city and listed in appendix A of this Code. Anon -consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location, where the tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or operator has not been otherwise secured. (b) Additional per mile charge for out of town torus. An additional per mile charge not to exceed an amount established by the city and listed in appendix A of this Code, may be assessed for non -consent tows requiring transport of vehicles to a location or destination outside the city limits, for distances up to 50 miles. (c) Storage charges. A charge not to exceed an amount established by the city and listed in appendix A of this Code, per day may be made for the storage of vehicles after the first 12 hours, when resulting from non -consent tows. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any event. (d) Wrecker tickets; rregztired information. Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the city. A city police department inventory form may be utilized as an official wrecker ticket as long as it contains the following information:. (1) Maine and address of the wrecker company. (2) "11me, and location of the accident. Srrpp. lxo. 19 CD78:31 M 78-329 LA PORTE CODE (3) Name, address and phone number of the place to which the vehicle is to be towed. (d) Description of the vehicle and a general description of the parts of the vehicle that have been damaged. (5) An itemized list of services to be performed, charges for each and total charges. (6) A place for the signatures of the auto owner or other person (including a police officer) authorizing the tow of a vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. (Code 1970, § 6-18, Ord. No. 1746, § i(6-21), 2-25-91; Card. No. 96-2136, § 1(6-20), 9-23-96; Ord. No. 2136-A, §§ 10-15, 1-22-07; Ord. No. 2008-2136-B, § 1, 11-10-08) Sec. 78-330. Prohibited acts. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabled vehicle shall be able to account for the vehicle at all tunes. A violation of this section shall constitute the basis of cancellation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the purpose of towing it to a location, the wrecker driver shall not disengage such vehicle and leave it parked prior to its airival at the designated location. (Ord. No. 1746, § 1(6-22), 2-25-91; Ord. No. 96-2136, § 1(6-21), 9-23-96) Supp. No. 19 CD78 32