Loading...
A. Contents Of Application: A person desiring to obtain an Ada County law enforcement towing license shall lodge with the Ada County Sheriff a written application upon a form provided for that purpose, which must be signed by the applicant or his authorized agent. The following information shall be required in the application:
1. Owner name, address to which all official correspondence may be sent, telephone number and signature.
2. Company name, address and telephone number.
3. Number and types of tow trucks to be operated.
4. A statement as to whether or not the applicant wishes to participate in the tow truck rotation list.
5. A copy of the applicant's public liability insurance policy.
6. A description of the applicant's impound yard and its location.
B. Inspections: Upon the lodging of the application, the Impound Officer shall direct the applicant to appear for an inspection of the tow truck(s) at a time and place to be determined by the Impound Officer. The Impound Officer shall conduct an inspection of the tow truck(s) and the business premises of the applicant, as necessary, to determine if each tow truck and emergency tow company complies with this chapter.
C. Action On Application: The Impound Officer may, at any time, in his or her discretion, require additional information from an applicant to clarify items on the application. Failure to cooperate with the Impound Officer's request for additional information may result in the denial of a license. Upon completion of the processing of the application, the Impound Officer shall forward the application and the Impound Officer's recommendation to the Sheriff for action thereon.
D. Issuance: The Sheriff shall, within thirty (30) days of receipt of an application for a law enforcement towing license, either approve or deny said application. The Sheriff shall issue a law enforcement towing license if the Sheriff finds that the emergency tow company meets the requirements of this chapter. The Sheriff shall refuse to issue or reissue a license if the Sheriff finds that the emergency tow company does not meet the requirements of this chapter. Upon issuance of a license, the tow company owner shall be provided inspection stickers for each vehicle which passes the required inspection. Annual inspection stickers must be displayed on the driver's side windshield of each licensed tow truck. If at any time during the license year, an emergency tow company violates the requirements of this chapter, the license may be suspended or revoked in accordance with this chapter. (Ord. 453, 5-21-2002)
A. Inspections: Any Ada County Sheriff's Deputy or the Impound Officer is authorized to conduct random equipment and safety inspections of any tow truck company licensed to conduct law enforcement tows.
B. Authorization: The Ada County Sheriff or his/her designee is authorized to deny, suspend or revoke any license to engage in law enforcement towing; tow truck operators and/or owners are subject to denial, suspension or revocation when it appears that a licensee or operator/owner has violated the provisions and/or the intent of this chapter as follows:
1. Violations And Temporary Suspensions: A violation of subsections B1a through B1n of this section shall cause the impound officer to issue an immediate temporary suspension from the tow truck rotation list for a period not to exceed thirty (30) days. A second violation of subsections B1a through B1n of this section within one hundred eighty (180) days of the previous suspension shall cause the impound officer to make a recommendation to the Sheriff or his/her designee for a license revocation or suspension of more than thirty (30) days of licensee's law enforcement tow license:
a. Failure to notify dispatch that tow company's on-scene arrival time will exceed thirty (30) minutes.
b. Failure to have the required equipment for each operating tow truck and to have such equipment in good operating condition.
c. Use of magnetic stripping/signage on tow trucks.
d. Charging tow customers in excess of the tow rates established by the Ada County Board of Commissioners for law enforcement tows.
e. Subcontracting law enforcement tows through other tow companies, licensed or unlicensed.
f. Failure to respond to a dispatch request for a law enforcement tow more than two (2) times in any calendar month.
g. Driving a tow truck to the scene of an accident without having been requested to the scene by dispatch.
h. The solicitation of tow truck business by any licensee or employee or agent of licensee at the scene of a law enforcement tow.
i. The failure to report an accident to dispatch for which a law enforcement tow is required.
j. The solicitation or accepting of any remuneration or consideration of any type by any licensee, employee or agent of a licensee, from any garage, or repair shop or facility, for the purpose of influencing such licensee's decision as to where a disabled or wrecked vehicle should be taken for repair.
k. Allowing the lapse or cancellation of the tow business insurance required by this chapter.
l. Failing to allow a titled or registered owner of a vehicle to retrieve their personal property from their own vehicle while inside the impound lot.
m. Any unfair, illegal or deceptive business practice or any other conduct that the licensee knows or reasonably should know will reflect unfavorably on Ada County or the Ada County Sheriff's Office.
C. Notice Of Intent: Within ten (10) days of the impound officer's recommendation for a license revocation or a suspension of more than thirty (30) days, if the Sheriff or his designee finds good cause that a violation has occurred, the Sheriff shall issue a notice of intent to suspend or revoke a law enforcement towing license. Said notice shall provide a general description of the alleged violation(s) and the date(s) of the alleged violations. Depending on the nature and extent of the violation(s), the Sheriff, in his sole discretion, may permit licensee to resume law enforcement towing pending any hearing on the matter.
D. Right To hearing: A licensee shall have the right to a hearing prior to the revocation or suspension of more than thirty (30) days of its law enforcement towing license, in accordance with the procedures set forth in subsection E of this section. If the licensee does not request a hearing, or does not follow the procedures for requesting a hearing, said decision to suspend or revoke the license shall be final, and shall be effective fifteen (15) days from the date of the notice of intent. Any suspension shall be for a length of time as determined by the Sheriff, and any revocation shall be for one calendar year from the date of the notice of intent.
E. Hearing Procedures: A licensee may request a hearing before the Sheriff or his designee prior to the suspension for more than thirty (30) days or revocation of a law enforcement towing license, in accordance with the procedures set forth in this section.
1. A licensee desiring such a hearing shall, within fifteen (15) days of the date of the notice of intent to suspend or revoke a law enforcement towing license, file a written request for hearing with the Ada County Sheriff, together with a statement setting forth the factual basis and reasons for licensee's appeal of the decision. A copy of the request for hearing shall also be delivered to the impound officer.
2. The Sheriff or his designee shall conduct an informal public hearing within thirty (30) days after a request for hearing has been filed. The licensee and the Sheriff may be represented by an attorney. The licensee will be afforded the opportunity to present evidence and testimony. The licensee shall have no right to cross-examine or confront witnesses, except in the discretion of the Sheriff, nor shall the Idaho Rules of Evidence apply to such hearings. In the Sheriff's discretion, the record of any such hearing may be held open for a period of time, not to exceed seven (7) days, for the receipt of additional evidence.
3. The Sheriff or his designee shall issue a written decision within ten (10) days after the hearing stating the final decision regarding suspension or revocation of the license. If a license is revoked, it is revoked for one calendar year from the date of the written decision. A copy of the decision shall be mailed or made available to all interested parties. A record of said hearing and decision shall remain in the custody of the Sheriff. (Ord. 453, 5-21-2002; amd. Ord. 868, 6-13-2017)
A. Compliance: Each emergency tow company shall comply with all safety provisions, rules and regulations required to be observed by motor carriers, and, in addition thereto, shall comply with the requirements of this chapter.
B. Equipment: Each tow truck shall be equipped with only those winches and booms that have been produced and constructed by a manufacturer of such equipment that regularly produces winches and tow equipment of guaranteed quality and be used with the size tow truck for the class for which the equipment is designed. All related equipment shall be commensurate with the total rating of booms or other towing devices. A winch or boom will not be prohibited by this chapter if the owner submits to the Ada County sheriff a verified statement from a reputable testing laboratory regularly engaged in the testing of such equipment or similar equipment certifying that the capacity of the winch or boom is not less than that mandated for the class for which the equipment will be used. All costs of such testing and certification shall be at the expense of the emergency tow company.
C. Classes Of Tow Trucks: Each emergency tow company shall operate and maintain a minimum of one class A, class B, class C or class D tow truck, as described below:
1. Class A Tow Trucks: Tow trucks that are capable of towing and/or recovery of passenger cars, pickup trucks, small trailers, or equivalent vehicles. Class A tow trucks shall have:
a. Weight Rating: A minimum manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or equivalent.
b. Boom Rating:
(1) Minimum: A minimum of four (4) ton boom rating with single or dual booms. A minimum capacity of not less than four (4) tons, single line pull is required.
(2) Exception: Tow trucks that are equipped for and used as "wheel lift" tow trucks shall have a minimum three thousand (3,000) pound manufacturer's lift rated and minimum seven thousand (7,000) pound tow rated wheel lift assembly.
c. Cables: A minimum three-eighths inch (3/8") continuous length cable, as described below, or its equivalent, in safe working condition on each drum.
(1) Each cable shall be capable of being fully extended from and fully wound onto its drum.
(2) All cable and/or wire ropes shall be in good working order and shall have:
(A) No more than six (6) randomly distributed broken wires in one rope lay or no more than three (3) broken wires in one strand on one rope lay;
(B) No evidence of heat damage from any cause;
(C) No cables with indication of being pinched or crushed; and
(D) End attachments that are not cracked, deformed, worn or loosened.
(3) Cable end connections shall be wedged or, if clamped, shall have a minimum of three (3) clamps spaced a minimum of six (6) rope diameters apart and attached with the base or saddle of the clamp against the longer or live end of the cable. The "U" bolt will be placed over the short or dead end of the rope and will be of the proper size for the cable being clamped.
2. Class B Tow Trucks: Tow trucks that are capable of towing and/or recovery of medium size trucks, trailers, motor homes or equivalent vehicles. Class B tow trucks shall have:
a. A minimum manufacturer's gross vehicle weight rating of seventeen thousand (17,000) pounds or equivalent.
b. A minimum of ten (10) ton boom rating, single or dual booms, and a single or dual winch with a minimum capacity of not less than ten (10) tons single line pull.
c. A minimum seven-sixteenths inch (7/16") cable in safe operating condition as described in subsection C1c of this section.
3. Class C Tow Trucks: Tow trucks that are capable of towing and/or recovery of large trucks, trailers, buses, motor homes or similar vehicles. Class C tow trucks shall have:
a. A minimum manufacturer's gross vehicle weight rating of forty thousand (40,000) pounds or equivalent.
b. A minimum twenty five (25) ton rated single or dual boom and winch.
c. A truck chassis with tandem drive axles.
d. Air brakes and system capable of supplying air to towed vehicles.
e. A minimum nine-sixteenths inch (9/16") cable on each drum in safe operating condition as described in subsection C1c of this section.
4. Class D Tow Trucks: Tow trucks that are designed and intended to transport other vehicles by loading the vehicle entirely onto the truck. These tow trucks may be of a flatbed or roll bed design or may be a rail type truck. Class D tow trucks shall have:
a. A minimum manufacturer's gross vehicle weight rating of nine thousand (9,000) pounds or equivalent.
b. Dual tires on the rear axle.
c. A car carrier bed with a minimum length of sixteen feet (16') and a load rating of four (4) tons.
d. One winch drum and cable in safe operating condition as described in subsection C1c of this section, and a minimum length of not less than twenty six feet (26').
D. Specifications:
1. Each tow truck whether class A, class B, class C or class D, shall be not less than one ton in size and shall be equipped as follows:
a. Heavy duty transmission;
b. Dual rear wheels;
c. Power assisted brakes constructed so as to lock and hold drive wheels, unless ABS equipped;
d. Revolving or strobe overhead amber and/or red emergency lights with three hundred sixty degree (360°) visibility. White emergency lights may be used in conjunction with amber and/or red lights. These emergency lights shall be used while a tow truck is standing on a roadway for the purpose of, and while actually engaged in the preparation for and transportation of a disabled or wrecked vehicle;
e. Spotlights mounted behind cab capable of lighting scene of disability; and
2. Each tow truck shall carry as standard equipment:
a. One towbar cradle, sling or other comparable device made of material and used in such a manner so as to protect vehicles being towed;
b. Towing dollies or other auxiliary devices, provided that such auxiliary devices are specifically designed for the towing or transporting of a vehicle for which the auxiliary devices are used. No auxiliary devices shall be used unless to prevent further mechanical damages to the vehicle being towed, and unless the nature of existing vehicle damage prohibits movement otherwise. No auxiliary devices shall be used when such use could jeopardize the safety of the public;
c. At least two (2) safety securing devices, which may be chain, cable, nylon strap or steel strap, with a minimum breaking strength of fifteen thousand (15,000) pounds;
d. One fire extinguisher having a minimum capacity of five (5) pounds ABC dry chemical;
e. A four foot (4') wrecking bar, three-fourths inch (3/4") in diameter;
f. Broom, a minimum of twelve inches (12") wide and four feet (4') long;
g. Shovel, a minimum of seven inches (7") wide and three feet (3') long;
h. Two (2) red flags, and six (6) 20-minute fuses;
i. Jumper cables;
j. Five (5) gallon bucket of sand or absorbent material;
k. A minimum of six (6) traffic cones or triangles with a height of not less than eighteen inches (18");
l. Magnetic or plastic base portable tail, stop and turn signal lights for the vehicle being towed;
m. A two-way radio or the ability to communicate with the office or answering service; and
n. A minimum of two (2) chocks or blocking devices that are capable of chaining to the tow truck, securely holding the tow truck while the truck is recovering a disabled or wrecked vehicle.
Exception: Class D tow trucks may have one chock or blocking device.
3. Each tow truck and all of its equipment shall be maintained in a safe and good working order at all times. Law enforcement tow truck operators, within one year of employment with any licensed law enforcement towing company, must receive a nationally recognized operator's certification of training.
4. Each tow truck shall be permanently painted and lettered with company colors and company names, address, city and telephone number, on both sides of the tow truck, within a reasonable time after purchase. Said company colors shall be provided to the Ada County Sheriff. No magnetic stripping and/or signs may be used.
E. Requirements To Receive Dispatch Calls: Those emergency tow companies wishing to receive dispatch calls for a heavy duty tow truck must comply with the requirements of this chapter, and in addition:
1. Each heavy duty tow truck must be not less than five (5) tons in size.
2. Each heavy duty tow truck shall be equipped with a power operated winch, winch line, and boom, with a factory rated lifting capacity or a County tested capacity of not less than thirty thousand (30,000) pounds, single or double line.
3. Each heavy duty tow truck must be equipped with portable air lines for towed vehicles.
4. Each heavy duty tow truck must be equipped with tandem drive rear wheels. (Ord. 453, 5-21-2002)
Tow companies licensed to perform law enforcement tows must:
A. Maintain twenty four (24) hour towing service, available seven (7) days per week, with the dispatch of such service to be from base stations or an answering service.
B. Not refuse to provide a law enforcement tow more than two (2) times in any calendar month.
C. Arrive at the accident within a reasonable time after having been notified to do so by dispatch. Such response time shall not exceed thirty (30) minutes. To the extent the tow company is unable to respond within thirty (30) minutes, tow company must notify dispatch of its estimated arrival time.
D. Maintain its own separate locked, lighted and secured impound lot bordered by a chain link, steel, or concrete fence not less than six feet (6') in height; provided further that said lot shall be insured for fire, theft, and vandalism of the vehicles stored therein and further, shall be open for business not less than from nine o'clock (9:00) A.M. to five o'clock (5:00) P.M. during business days. An agent of the emergency tow company must be on the premises to conduct the business of the tow company during the above stated days and hours.
E. The Ada County Sheriff's Office shall conduct an inventory of all items contained in or on an impounded vehicle to be towed, on a form provided by the Ada County Sheriff; the completion of said inventory form to be witnessed and initialed by a tow company driver on the scene. All items inventoried which are not taken to sheriff's property, shall remain in the custody and control of the licensee until released to the owner. If any item(s) is of an estimated value of one hundred dollars ($100.00) or more, and cannot be secured in the vehicle, the property shall be taken to sheriff's property and a property invoice left in the vehicle or given to the vehicle owner, if the owner is available, at the time the vehicle is impounded.
F. When authorized by the law enforcement agency, deliver, in every instance, the wrecked or disabled vehicle to either a location of the owner's choice or the tow company's impound lot. An itemized statement of charges shall be provided to the vehicle owner upon request.
G. All licensees who engage in law enforcement towing shall accept cash and at least two (2) major credit cards and any debit card for any towing and/or storage fees related to a law enforcement tow. Upon request, the licensee or its agent will provide a receipt to the owner or operator of the towed motor vehicle.
H. Report to the impound officer immediately all changes in tow trucks and equipment used in the licensee's law enforcement towing service and make all additional vehicles and equipment available for inspection by the impound officer. A tow truck which has not been inspected and given an inspection sticker by the impound officer is not allowed to participate in the tow truck rotation list.
I. Before leaving the site of an accident, completely remove all resulting wreckage or debris, including all broken glass.
J. Maintain two-way communications on a twenty four (24) hour basis with the company's tow trucks.
K. Meet the following insurance requirements:
1. At their sole expense, tow companies shall procure and maintain in full force and effect, insurance written by an insurance company or companies with Best's rating(s), of A VIII or better. All insurance companies must be authorized to do business in the State of Idaho. By requiring insurance herein, Ada County does not represent that coverage and/or limits are necessarily adequate to protect the tow company, and such coverage and/or limits shall not be deemed as a limitation on the tow company's liability under the indemnities granted to Ada County through this license.
2. Certificates of insurance evidencing the coverages required herein shall be provided to Ada County prior to performing any towing services for Ada County. All certificates must be signed by an authorized representative of the tow company's insurance carrier and must state that the issuing company, its agents, or representatives will provide Ada County thirty (30) days' written notice prior to any policies being canceled. Renewal certificates must be provided to Ada County within thirty (30) days after the effective date of the renewal.
3. Certificates shall be mailed to:
Ada County Risk Management
200 W. Front Street 3rd Floor Room 3269
Boise, Idaho 83702-7300
4. Certificates must evidence the following minimum coverages:
a. Workers' compensation insurance meeting the statutory requirements of the State of Idaho.
b. Employers' liability insurance providing limits of liability in the following amounts:
Bodily injury by accident | $100,000.00 each accident |
Bodily injury by disease | $500,000.00 policy limit |
Bodily injury by disease | $100,000.00 each employee |
c. Garage liability insurance providing limits of liability in the following amounts:
Auto only - each accident | $1,000,000.00 |
Other than auto only - each accident | 1,000,000.00 |
Other than auto only - aggregate | 3,000,000.00 |
The garage liability policy shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising from garage operations including premises, operations, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract). Auto coverage must show symbols 27, 28, and 29 or a separate business automobile liability policy also must be purchased.
Alternatively, tow companies may produce a certificate of insurance evidencing commercial general liability insurance providing limits of liability in the following amounts:
General aggregate | $2,000,000.00 |
Product/completed operations aggregate | 2,000,000.00 |
Personal and advertising injury liability | 1,000,000.00 |
Per occurrence | 1,000,000.00 |
Fire legal liability | 50,000.00 |
The commercial general liability ("CGL") insurance policy shall be written on an "occurrence" form and shall cover liability arising from premises, operations, independent contractors, products, completed operations, personal injury, advertising injury, and liability assumed under an insured contract (including tort liability of another assumed in a contract).
d. Business automobile liability insurance (required only if symbols 27, 28, and 29 are not shown for garage liability) providing bodily injury and property damage liability coverage for not less than one million dollars ($1,000,000.00) each accident limit. Business automobile liability insurance shall be written on a standard ISO policy form, or an equivalent form, providing coverage for liability arising out of owned, hired, or nonowned vehicles in connection with this agreement.
e. Garage keeper's liability insurance providing legal liability coverage, including comprehensive and collision, of not less than one hundred thousand dollars ($100,000.00) per location for customers' autos or auto equipment while the licensee is attending, servicing, repairing, parking or storing the customer's auto or auto equipment.
f. On hook/cargo insurance providing coverage for customers' autos while being towed or transported by the tow company with limits in the following amounts:
Light or medium duty truck | $ 50,000.00 |
Heavy duty truck | 100,000.00 |
Extra heavy duty truck | 250,000.00 |
5. Ada County and its elected officials, agents, employees, successors and assigns shall be named as additional insureds under all policies except workers' compensation and employers' liability.
L. Nothing in this chapter shall be construed as obligating the emergency tow company to transport a disabled or wrecked vehicle when weather or road conditions make it impractical, impossible or dangerous to the operator. (Ord. 453, 5-21-2002; amd. Ord. 497, 4-29-2003; amd. Ord. 868, 6-13-2017)
Loading...