Division 7. Vehicles and Equipment.

SEC. 15D-58. VEHICLES AND EQUIPMENT.

   (a)   An applicant or licensee shall submit each wrecker to be used in the emergency wrecker service for inspection in a manner determined by the director. Each wrecker must:

      (1)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of not more than 10,000 pounds, meet the requirements for a light duty wrecker or a tilt bed/roll back carrier;

      (2)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of more than 10,000 pounds but not more than 26,000 pounds, meet the requirements for a medium duty wrecker;

      (3)   if used for towing a vehicle with a manufacturer’s gross vehicle weight rating of more than 26,000 pounds, meet the requirements for a heavy duty wrecker or a lowboy unit;

      (4)   carry, as standard equipment, a tow bar, towing dollies, safety chains, a fire extinguisher, a wrecking bar, a broom, a shovel, at least six flares or three reflective triangles, absorbent material for oil or fuel leakages, and a container to carry debris, except that:

         (A)   towing dollies are not required on medium duty or heavy duty wreckers; and

         (B)   towing dollies and tow bars are not required on tilt bed/roll back carriers or lowboy units;

      (5)   be maintained in a safe and good working condition, contain equipment that is maintained in a safe and good working condition, and comply with all minimum safety and equipment standards required for a wrecker by city ordinance or state or federal law;

      (6)   have permanently affixed to each side of the front doors of the wrecker legible letters and numbers, at least two inches high, in a color that contrasts with the front doors, stating the trade name and telephone number (including area code) of the emergency wrecker service and the motor carrier registration number of the wrecker; and

      (7)   be capable of providing two-way communication with the licensee’s base station at all times.

   (b)   An inspection fee of $226 must be paid for each wrecker that is used in the emergency wrecker service. Upon inspection and approval of each vehicle, the director shall issue a decal to the applicant or licensee. The decal must be affixed securely to the lower left corner of the front windshield of the inspected wrecker.

   (c)   The director, the chief of police, or a peace officer may, at any time, inspect a wrecker used by a licensee for emergency wrecker service to determine whether the vehicle complies with this section.

   (d)   A licensee or permittee commits an offense if he, either personally or through an employee or agent:

      (1)   uses a light duty wrecker, a tilt bed/roll back carrier, a medium duty wrecker, a heavy duty wrecker, or a lowboy unit to tow a vehicle that exceeds the manufacturer’s gross vehicle weight rating allowed to be towed by the particular type of wrecker under Subsection (a)(1), (2), or (3), whichever is applicable; or

      (2)   tows a vehicle using a wrecker that does not have a valid city of Dallas emergency wrecker decal affixed to the windshield as required by Subsection (b) of this section. (Ord. Nos. 24661; 25048; 27487; 27695; 30215)

Division 8. Enforcement.

SEC. 15D-59. AUTHORITY TO INSPECT.

   (a)   The director, the chief of police, or a peace officer may inspect any emergency wrecker service to determine whether a licensee or permittee complies with this article, rules and regulations established under this article, or other applicable law.

   (b)   A licensee or permittee, either personally or through an employee or agent, shall not attempt to interfere or refuse to cooperate with the director, the chief of police, or a peace officer in the conduct of any investigation or discharge of any duty pursuant to this article. (Ord. 24661)

SEC. 15D-60. ENFORCEMENT BY POLICE DEPARTMENT.

   Officers of the police department shall assist in the enforcement of this article. A police officer upon observing a violation of this article, or of any rule or regulation established by the director or the chief of police pursuant to this article, shall take necessary enforcement action to ensure effective regulation of emergency wrecker service. (Ord. 24661)

SEC. 15D-61. CORRECTION ORDER.

   (a)   If the director or the chief of police determines that a licensee, either personally or through an employee or agent, violates this article, the terms of its license, a rule or regulation established by the director or the chief of police, or other law, the director or the chief of police may notify the licensee in writing of the violation and by written order direct the licensee to correct the violation within a reasonable period of time. In setting the time for correction, the director or the chief or police shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director or the chief of police shall order the licensee to immediately cease use of the equipment.

   (b)   If the director or the chief of police determines that a violation constitutes an imminent and serious threat to the public health or safety, the director or the chief of police shall order the licensee to correct the violation immediately, and, if the licensee fails to comply, the director or the chief of police shall promptly take or cause to be taken such action as considered necessary to enforce the order immediately.

   (c)   The director or the chief of police shall include in a notice issued under this section an identification of the specific violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of license or imposition of a fine or both, and a statement indicating how the order may be appealed. (Ord. 24661)

SEC. 15D-62. SERVICE OF NOTICE.

   (a)   A licensee shall designate and maintain a representative to receive service of notice required under this article to be given a licensee.

   (b)   Notice required under this article to be given to:

      (1)   a licensee must be personally served by the director on the licensee or the licensee’s designated representative; or

      (2)   a driver permitted by the city under Division 3 of this article must be personally served or sent by certified United States Mail, five day return receipt requested, to the address, last known to the director, of the person to be notified.

   (c)   Notice required under this article to be given a person other than a driver permitted under Division 3 of this article or a licensee may be served in the manner prescribed by Subsection (b)(2).

   (d)   Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is the date received. (Ord. 24661)