(A) Participation. To participate as the County Sheriff's office on-call wrecker service for the unincorporated areas of the county and in the absence of a municipal ordinance as authorized by A.C. § 14-14-805(12), the towing and recovery business must comply with the following conditions:
(1) The wrecker service must have a current permit to operate within the state and must maintain possession of a “non-consent permit” from the state Towing and Recovery Board, as mandated by A.C. §§ 27-50-1201 et. seq.
(2) The storage of towed vehicles must be within the county.
(3) The wrecker service must have a sales tax permit, and/or any additional documents issued by this county, state, or other governing body that is required to operate a wrecker service within the state.
(4) The wrecker service must meet all of the requirements set forth under “wrecker service responsibility” law pertaining to operating procedures, insurance, etc.
(5) At no time will a wrecker be used for the recovery of any vehicle that will violate any state regulations and procedures concerning wrecker limitations, weight, size, equipment specifications, etc.
(6) Towing operators that respond to the County Sheriff's office calls shall not have a felony conviction and shall not have a theft-related or a drug-related misdemeanor conviction within the past three years.
(7) The wrecker service must be equipped for both small and large wrecker service calls.
(8) The wrecker service shall be subject to inspections by the Sheriff or his or her designee to ensure compliance with all regulations contained in this order, laws, and policies governed by the state, and procedures set forth through the state Towing and Recovery Board.
(9) A signed acknowledgment of this policy must be on file with the County Sheriff's office prior to a wrecker service being used as a County Sheriff's office on-call wrecker service.
(B) Recommended fees.
(1) Any fees charged by a wrecker service for the County Sheriff's office which exceed the recommended fees listed below shall cause the use of the wrecker service to be reevaluated for use by the Sheriff or his or her designee.
(2) For the purpose of this section, the following definitions will apply:
STANDARD TOW.
Any tow of a vehicle that does not require any special services other than towing.
NON-STANDARD TOW.
Any tow that requires additional services above those performed on a standard tow.
WRECKER RESPONSE.
Once a wrecker driver has been called and has left the facility he or she is responding from and en route to the towing location.
(3) Fees:
Non-Consent Towing |
Non-Consent Towing | |
Standard tow (accident) | $135.00 |
Standard tow (non-accident) | $85.00 |
Large wrecker | $350.00 |
Wrecker response with no tow | $50.00 |
Mileage fee for towing outside county limits | $2.50 per mile |
Storage fee shall not exceed | $35.00 per day |
Towing of county-owned vehicles (per vehicle) | $25.00 maximum |
(4) Note: The stated fees do not include special services, including but not limited to: winch charges, rollovers, dollies, the use of fire extinguishers, burned vehicles, immersed vehicles, and excessive debris clean-up which may be charges by the wrecker service on non-standard tows.
(C) After-hour release of stored vehicles. After a vehicle is placed in the company's storage area and a request is made for its release, the wrecker service may charge a maximum of $50 to reopen the business and release the vehicle, only if the request occurs between the hours of 6:00 p.m. and 8:00 a.m., and there was no employee at/on the premises to release the vehicle at the time of request.
(D) Wrecker service responsibility.
(1) The wrecker service shall keep proper records of all calls and will make said records reasonably available to any officer of the County Sheriff's office.
(2) Prior to leaving the scene of the wrecker call, the wrecker company's employee will clear the roadway of all glass and debris associated with the call.
(3) The wrecker service shall maintain liability insurance in an amount not less than that designated under state law.
(4) Vehicles towed to the County Sheriff's office for crime scene processing and picked up at a later time will be billed as one tow.
(5) All wreckers requested will be expected to arrive on scene within 30 minutes under normal conditions. If, after 45 minutes the wrecker is not on scene, the request will be cancelled and another wrecker company will be utilized unless otherwise authorized by an on-scene supervisor. Excessive tardiness may result in a temporary and/or permanent suspension from being used by the County Sheriff's office as the on-call wrecker service. Certain exceptions are applicable, for example, inclement weather, excessive calls, and stalled traffic.
(6) The wrecker company must comply with A.C. § 27-14-2206, which requires the owner of any garage or any type of storage or parking lot to report to the Sheriff or his or her designee the vehicles stored on their its over 30 days and unclaimed. This requirement does not include vehicles stored by arrangement of the owner, or vehicles where legal attempts have been made to contact the owner through certified mail.
(7) All wrecker operators should obey all traffic regulations unless otherwise directed by a police officer.
(8) No wrecker company shall proceed to the scene of an accident unless requested to do so by the owner/operator of the vehicle, the County Sheriff's office, or any other authorized law enforcement officer.
(9) The wrecker service shall maintain a reasonably secure area for the safe storage of motor vehicles or other items stored at the request of the County Sheriff's office. Storage facilities shall be clearly marked as belonging to that particular wrecker service.
(10) The storage facility must have adequate lighting to illuminate the fenced-in area. Fencing shall be adequate to reasonably secure the storage facility and prevent unauthorized entrance. The wrecker service shall maintain a sufficient amount of insurance to cover loss or damage to stored vehicles or property.
(E) Equipment requirements. All wrecker companies utilized by the Sheriff's Office must be equipped as recommended in Rule 7 et seq. of the state Towing and Recovery Board.
(F) Compliance.
(1) Failure to comply. Failure to comply with any of the foregoing provisions shall result in the temporary removal as the Sheriff's Office on-call wrecker service until such times as the breach is corrected. All violations will be documented by the Sheriff's Office.
(2) Administrative review and appeal. If a temporary suspension or revocation is warranted, the Sheriff's Office will notify the wrecker service of the action. A response to any suspension/revocation will be made first through the Chief Deputy of the County Sheriff's office, with subsequent appeals to the County Sheriff. Appeal of the final decision of the Sheriff shall be filed by petition to the County Court, to be heard by the County Judge, in accordance with jurisdiction over cases “necessary to the internal improvement and local concerns of the county,” provided under Article 7, § 28 of the Arkansas Constitution, with the right to appeal the final decision of the County Court to Circuit Court in the time and manner provided by law.
(G) Multiple suspension/revocations.
(1) If a wrecker service receives two temporary suspensions within a consecutive twelve-month period, any additional violation will result in a revocation of participation. Any wrecker company issued a revocation of participation will not be eligible for reinstatement for a period of twelve months. A second revocation of participation will result in a permanent ban from participation.
(2) Note: If a wrecker company is issued a permanent ban from participation and subsequently changes its business name, but the owner/management is not changed, this will not allow/them to re-apply as a new wrecker company. Legal documents of ownership/operation will be evaluated by the County Sheriff's office to clarify questionable changes in a business' name.
(H) Removal of vehicles.
(1) Law enforcement agencies and officers shall follow the procedures set forth in A.C. § 27-50-1207, amended:
(a) 1. A law enforcement agency that directs the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle shall adopt a written vehicle removal policy, the provisions of which shall not be in conflict with this subchapter.
2. a. Any vehicle removal policy shall provide that owner preference as defined by this subchapter shall be offered to the owner, to his or her agent, or to any competent occupant of any disabled or inoperative vehicle except in those instances of exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service.
b. In those instances where exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service, owner preference shall be honored when the owner has requested a towing service that is located in the particular towing zone where services are to be rendered and is ready to promptly respond to the request for service.
c. (i) If a law enforcement officer fails to provide an owner of a vehicle with an owner preference as required under this section, then the owner may file a complaint with the law enforcement agency that employs the law enforcement officer or the state Towing and Recovery Board, or both.
(ii) Nothing in this subsection precludes a person who has been denied the right of owner preference from seeking any other legal or equitable remedy.
3. Nothing in this section shall be construed to authorize the towing of a vehicle in violation of other provisions of this subchapter.
(b) All law enforcement officers shall comply with the policies prescribed by their agencies as to the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined by this subchapter.
(c) No law enforcement officer shall:
1. Suggest or recommend any particular towing and storage firm to the owner, his or her agent, or any competent occupant of any disabled or inoperative vehicle; or
2. Accept gifts or special consideration from the owner of a towing business or anyone acting on the owner's behalf in relation to removal of vehicles as provided by this subchapter.
(d) Upon request, any law enforcement officer or his or her agency who orders a removal pursuant to this subchapter shall provide to the owner, to his or her agent, or to any competent occupant of the removed vehicle the name, location, and telephone number of the towing and storage firm requested to remove and store the vehicle.
(e) 1. Should the owner or lienholder of a vehicle removed under this subchapter consider that the removal of the vehicle was not legally justified or properly subject to a law enforcement hold, the owner or lienholder may within 30 days after removal or within 30 days after the receipt of notification of a law enforcement hold from the towing and storage firm, whichever is later, seek a review to determine whether the unattended vehicle, abandoned vehicle, disabled vehicle, or inoperative vehicle was wrongfully removed or withheld from the owner through the following procedures.
2. Administrative review and appeal: In the case of a vehicle removed by or at the request of a County Sheriff's office employee, the administrative review shall be made by filing a petition with the Chief Deputy of the County Sheriff's office, with subsequent appeals to the County Sheriff. Appeal of the final decision of the Sheriff shall be filed by petition to the County Court, to be heard by the County Judge, under jurisdiction over cases “necessary to the internal improvement and local concerns of the county” as provided under Article 7, § 28 of the Arkansas Constitution, with the right to appeal the final decision of the County Court to Circuit Court in the time and manner provided by law.
3. The petition shall name the state agency ordering the tow as a respondent and, when filed in Circuit Court, shall also name the towing company among the respondents if the towing company still possesses the vehicle. In the case of removal originated by an agency of a political subdivision of the state, the petition shall name the county, city, or town as a respondent.
4. If the vehicle, its contents, or both are subject to impoundment or seizure by law enforcement under the state Rules of Criminal Procedure or a court order, the procedure for return or restoration of the impounded or seized vehicle and its contents shall be governed exclusively by Rule 15 of the state Rules of Criminal Procedure to the extent applicable.
(f) Nothing in this section shall be construed to waive the sovereign immunity of the state nor any immunities granted to its political subdivisions, the county, and their officers and employees.
(g) This policy shall not be construed to defeat a lien held by a towing company under A.C. § 27-50-1208.