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No TCPD officer investigating or present at the scene or site of any wreck or collision on a public roadway shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in the wrecker services or repair business, nor shall any police officer influence or attempt to influence in any manner the decision of any person in choosing or selecting a wrecker or repair service.
(1998 Code, § 126-44) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
All tow truck drivers arriving at any law enforcement scene shall obey all orders given them by any police officer, firefighter or EMS technician.
(1998 Code, § 126-45) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
Statutory reference:
Interference with certain officers, see Interference with Public Duties (Tex. Penal Code § 38.15)
The fact that no police officer of the TCPD is present at a law enforcement scene when a tow truck arrives shall not constitute an exception to any requirement of this subchapter, and it shall be the duty of any tow truck owner or tow truck driver desiring to tow or haul any wrecked or disabled vehicle from the scene of an accident or collision to notify the TCPD of the occurrence of the accident or collision, and to await the arrival of the TCPD police officers and the completion of their investigation.
(1998 Code, § 126-46) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
A tow truck driver shall not remove any wrecked or disabled vehicle from the location where the accident or collision has occurred, or attach his or her tow truck to the wrecked or disabled vehicle, until the driver of the vehicle has given permission and until the TCPD police officers have completed their investigation.
(1998 Code, § 126-47) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
All tow truck owners who perform non-consent tows at the direction of the TCPD shall store towed motor vehicles at a vehicle storage facility, located within the city limits, licensed by the Texas Department of Licensing and Regulation (TDLR), unless otherwise directed by the police officer authorizing the tow.
(1998 Code, § 126-48) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
(A) The peace officer in charge at an accident site or at the location of a disabled vehicle on a public roadway may, if the safety of the public requires it, take any steps needed to ensure public safety.
(B) A peace officer may, for any purpose, direct that any vehicle shall be taken to an impound lot or location owned or used by the city.
(C) This subchapter does not limit the authority of the city to remove vehicles from public roadways in any manner the city deems appropriate.
(D) Except as provided in rules under this subchapter, a towing company or its employees or tow trucks shall not enter an accident or collision scene, or other site under a peace officer’s control, without the permission of the investigating officer.
(1998 Code, § 126-49) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
No person shall participate in a non-consent tow unless the following operation and safety requirements are met.
(A) The wrecker being used shall be equipped as follows:
(1) Brakes that meet braking performance requirements under all loading conditions;
(2) A power winch, winch line and boom, with factory-rated lifted capacity of not less than 8,000 pounds single-line capacity, or a hydraulic and mechanical wheel lift with a lifting capacity of not less than 3,000 pounds;
(3) A tow sling or hydraulic lift sufficient to prevent swinging of any equipment and/or vehicle being transported and/or towed. This division (A)(3) does not apply to a vehicle carrier or rollback unless the wheels of a vehicle being towed are in contact with the ground. In the event that a self-contained non-propelled towing device, or some other form of auxiliary device is used, the vehicle to which that device is attached and which is providing the motive and braking forces, does not need to provide this equipment;
(4) Five-sixteenths-inch link steel safety chains for wreckers, with a gross vehicle weight of 10,000 pounds or less, and three-eighths-inch highest steel chains or their equivalent for wreckers, with a gross vehicle weight over 10,000 pounds. These links are minimums;
(5) A ten-pound BC fire extinguisher or two five-pound BC fire extinguishers. All fire extinguishers shall be properly filled, operable, and located so as to be readily accessible for use. Fire extinguishers shall meet the minimum requirements of the most recent edition of NFPA 10, the Standard for Portable Fire Extinguishers established by the National Fire Protection Association (NFPA), and shall be labeled by a recognized, national testing laboratory;
(6) One crowbar or wrecking bar that is not less than 36 inches in length, with a wedge head;
(7) One broom of a type designed for pushing with an 18-inch head, and a handle of not less than 36 inches;
(8) One flat-edge shovel of at least nine inches, with a handle of not less than 36 inches;
(9) A box or bucket to carry glass and/or debris removed from collision/accident scenes;
(10) Rope or wire suitable for securing doors, hoods, trunks and the like;
(11) A functioning spotlight or flashlight;
(12) Outside rearview mirrors on both sides of the truck;
(13) Permanently mounted emergency lightbar;
(14) Three portable red emergency triangle reflectors, orange cones at least 18 inches tall, or flares;
(15) Auxiliary tow lights;
(16) A high mounted stop lamp shall be mounted on any wrecker if its overall width is less than 80 inches, or its gross vehicle weight rating (GVWR) is 10,000 pounds or less, and is manufactured on or after 9-1-1993; and
(17) Work lights shall be wired to a separate switch and shall not be illuminated while the wrecker is in motion. These lights must be steady burning white lights that project light to the rear of the wrecker.
(B) Shall arrive at the accident or collision scene within 30 minutes after having been notified by the TCPD, absent exigent circumstances (hurricane, flood and the like). Failure to do so shall be considered a no show.
(C) Before leaving the site, remove from the site of an accident all wreckage and debris, excluding hazardous waste. This duty specifically includes the removal of broken glass and metal fragments, and the spilled load of any vehicle. Such debris shall be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights-of-way and property not owned by the tow truck operator.
(D) No tow truck operators shall store any vehicle or tow truck on public roadways or public rights-of-way in the city.
(E) Tow truck operators shall use reasonable care in towing and in the storage of vehicles so as to minimize any possibility of further damage or theft.
(F) Tow truck operators shall comply with all federal and state laws, all rules and regulations promulgated pursuant to federal and state laws, and all city ordinances, including zoning, health and fire prevention ordinances.
(G) All tow truck operators shall inform the TCPD of all non-consent tows within 45 minutes of the completion of such tows. The information shall include the vehicle identification number, license plate number, a brief description of the vehicle, the location where the vehicle was picked up, and the location where the vehicle is being stored.
(H) No person shall use or operate a wrecker to tow a motor vehicle without using auxiliary tow lights, unless the towed vehicle is loaded on a rollback wrecker.
(I) No person shall equip a permitted wrecker with a two-way radio or scanner or with any two-way radio that can transmit on any law enforcement frequency, or tow using a wrecker equipped with any such devices. Any operator or towing company found transmitting on any law enforcement frequency shall be subject to suspension or revocation of their permit.
(J) No person shall equip a permitted wrecker with any device designed to detect or monitor radar, laser or any other speed-measuring instrument, or perform a non-consent tow using a wrecker so equipped.
(K) No person shall perform a non-consent tow without using safety chains.
(L) No person shall operate a permitted wrecker with a slip-in bed or operate a repo-rig.
(M) No person shall use a permitted wrecker to lift more than its factory-rated lifting capacity allows.
(N) No operator shall possess nor allow any prohibited weapon, firearm or alcoholic beverage in or around a wrecker when operating the wrecker. This provision does not prohibit a peace officer as defined by Tex. Code of C.C.P. Ch. 2, Art. 2.12, or a person possessing a valid concealed handgun permit issued by the Texas Department of Public Safety (DPS) from carrying a firearm while operating or riding in a wrecker.
(O) An operator shall ensure that, while lifting a motor vehicle in preparation for a non-tow, all non-essential people are at a safe distance from the wrecker and motor vehicle. A SAFE DISTANCE is at least twice the distance between the end of the boom and the point of hook-up on the motor vehicle being winched, or twice the distance the motor vehicle is being lifted, whichever is greater. If a hydraulic lift is being used, a SAFE DISTANCE is twice the distance to which the lift arm is extended. An operator is responsible for maintaining safe conditions around the wrecker during any preparation for towing and winching of the motor vehicle.
(P) If a wrecker or motor vehicle to be towed is in a lane of traffic, the operator shall ensure that the flow of traffic is diverted. An operator shall not place or operate a wrecker cable across a lane or lanes of traffic, unless the traffic is stopped or diverted by a law enforcement officer to permit safe winching or lifting of the motor vehicle to be towed.
(Q) A towing company operating permitted wreckers and operators of such wreckers shall maintain and keep in good working order all safety mechanisms of the wrecker, including, but not limited to, all headlights, tail lights, turn signals, brakes, brake lights, hazard lights, flashing warning lights, windshield wipers, wiper blades, door handles, window cranks, and tires.
(R) All permitted wreckers shall operate within the applicable recommended towed vehicle manufacturer’s safety policies and procedures.
(S) When towing a vehicle more than 2,500 feet, no wrecker performing a non-consent tow shall use a tow bar with pins of any kind, or any other method of attachment. At 2,500 feet or less, the operator shall drop the vehicle and re-hook it following all safety procedures established by the towed motor vehicle’s manufacturer.
(T) Each permitted wrecker shall meet the safety requirements of all other applicable statutes, in addition to meeting the safety requirements of this subchapter.
(U) Non-consent towed vehicles from any law enforcement scene shall be taken to an approved vehicle storage facility prior to the loading of any other vehicle.
(V) The following rules apply to law enforcement scenes.
(1) Except in an emergency or at the direction of a law enforcement officer, an operator shall park the wrecker at least 300 feet from a law enforcement scene. An operator shall only use beacon lights as directed by state law.
(2) The operator shall park the wrecker on the same side of the road as the damaged motor vehicle.
(3) The owner of a motor vehicle, or his or her representative, will be allowed to determine who will remove the vehicle and any connected trailer and its associated load from a law enforcement scene, unless the owner is under arrest or in police custody, or the vehicle is an immediate traffic hazard, as determined by law enforcement.
(4) If a motorist in need of aid summons a police officer and is in need of a tow, the police officer shall use the same procedure as in a collision situation. If the vehicle owner/operator has no preference for a wrecker company, the next-out shall be called.
(5) All wreckers are subject to an inspection by TCPD personnel designated as wrecker inspectors.
(6) Once a wrecker has hooked up to a motor vehicle, the wrecker company may charge as authorized by this subchapter. A wrecker company shall have hooked-up when the wrecker is in position to secure and tow the vehicle, and any part of the wrecker’s securing attachments are touching the vehicle.
(7) No wrecker operator without a current, valid permit, shall be allowed to load a vehicle for a non-consent tow.
(1998 Code, § 126-50) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 12-14, passed 5-2-2012; Ord. 16-01, passed 2-17-2016) Penalty, see § 10.99
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