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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
(A) The following are special rules:
(1) Shall own or lease a heavy-duty wrecker, as defined;
(2) Shall have a vehicle storage facility located in the city;
(3) Response time must be within one hour after notification;
(4) Shall have insurance in the minimum amounts as set by the state for heavy-duty consent tows. The city must be named as an additional insured; and
(5) Shall have a permit and comply with all other provisions of this chapter that are not in conflict with this section. Operation of a regular wrecker on rotation is not required to operate on heavy-duty rotation.
(B) If no heavy-duty wrecker is available to respond through the heavy-duty rotation list, the city may contract with any available heavy-duty wrecker service.
(1998 Code, § 126-51) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016) Penalty, see § 10.99
(A) The TCPD shall establish and maintain a formal complaint system to be used by members of the public wishing to file a formal complaint on a tow truck/wrecker company or driver. The creation, maintenance, and investigation of these complaints lie within the authority of the TCPD. In addition, all permitted towing companies shall notify the TCPD of any and all complaints received within five business days of receiving the complaint.
(B) Upon receiving a complaint from any source claiming damages, loss to a vehicle, or its contents, while being towed or stored by a tow truck/wrecker operator, the operator or owner shall submit a written report to the TCPD Chief of Police, or his or her designee, within five business days of receipt of the complaint. These reports shall contain all facts pertinent to the claim or complaint presented.
(C) The TCPD Chief of Police, or his or her designee, shall be notified in writing within 48 hours of any arrest or criminal conviction of the owner of a wrecker company, or of any wrecker driver employed by a wrecker company.
(D) Operators shall maintain proper conduct at all times when performing a non-consent tow, and shall not fight, assault, threaten use of force, use profanity or exhibit disorderly conduct. Towing companies shall be responsible for the conduct of their operators. Improper conduct of an operator shall be grounds for suspension or revocation of the towing company’s permit for the calendar year. Additionally, towing companies shall prohibit operators who are convicted of a felony, a crime involving moral turpitude, or a crime involving disorderly conduct or assault, associated with conduct performing a non-consent tow or otherwise, subsequent to the issuance of a permit, from performing further non-consent tows for the city. The towing company shall have an affirmative duty to disclose to the TCPD if any of its operators have been convicted as stated above, subsequent to the issuance of a permit.
(1998 Code, § 126-52) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016) Penalty, see § 10.99
Grounds for suspension or revocation of a permit may include the following:
(A) Failure at any time to meet or keep any of the requirements of this subchapter, including conduct of operators and interfering with police, fire and EMS;
(B) Operating a tow truck in such a manner as to endanger any person or property;
(C) Failure to adhere to the TCPD’s rules and regulations;
(D) Violation of any federal or state law, or any rules or regulations promulgated pursuant to federal or state law, or any other city ordinances related to the operation of a tow truck or vehicle storage business; and/or
(E) Failure to arrive within the specified response time limit (as defined for a no show).
(1998 Code, § 126-53) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 16-01, passed 2-17-2016)
(A) Notwithstanding any provision of this subchapter, the TCPD Chief of Police, or his or her designee, shall be authorized to suspend or revoke any permit for a violation of any of those items listed as grounds for suspension or revocation. The TCPD Chief of Police, or his or her designee, may immediately suspend a permit for up to 15 calendar days if there is substantial evidence of a violation that constitutes an imminent danger to the public, and the permit holder is unable or unwilling to correct the violation. Otherwise, before any permit may be suspended or revoked, the TCPD Chief of Police, or his or her designee, shall hold a hearing at which evidence of such violation may be presented and rebutted. A hearing may be scheduled by the TCPD Chief of Police, or his or her designee, after receiving a complaint charging a violation or, at his or her discretion, upon his or her investigation and review. Notice of the hearing, the administrative action proposed to be taken, and the grounds therefor, shall be given to the permit holder at least ten calendar days prior to the hearing. Mailing such notice by certified mail to the last known business address of the permit holder, not less than ten calendar days prior to the hearing, shall constitute adequate notice. If the TCPD Chief of Police, or his or her designee, suspends or revokes a permit, he or she shall notify the permit holder in writing of the reasons for the suspension or revocation, the effective date of the suspension or revocation, the date of reinstatement, if any, and the conditions that must be satisfied for reinstatement. Such notification shall advise the permit holder that he or she may appeal the decision to the Mayor. Mailing such notification by certified mail to the last known business address of the permit holder within ten calendar days of the hearing shall be deemed sufficient. No person whose permit has been revoked shall be eligible to apply for a new permit until the next renewal period. The TCPD Chief of Police, or his or her designee, in determining whether to suspend or revoke a permit, may consider prior suspensions.
(1) If a permit holder has only two vehicles and one has a mechanical failure, and the owner notifies both the TCPD wrecker coordinator and TCPD dispatcher of the mechanical failure, the permit holder shall be removed from the city rotation list for the reasonable amount of time necessary for the permit holder to perform the repairs.
(2) The owner must show proof of such mechanical failure in writing (repair bill) to the TCPD wrecker coordinator before they are placed back on rotation.
(3) Any proof of mechanical failure shall be presented, Monday through Friday, from 7:30 a.m. to 4:30 p.m.
(4) Once placed back on rotation, the permit holder will be placed at the bottom of the list.
(B) If an owner and/or driver of a wrecker company shall have any felony criminal charges filed against him or her during the previous year, then he or she will not be eligible for a wrecker permit the following year, unless the charges have since been dismissed or resulted in a verdict of not guilty.
(1998 Code, § 126-54) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 04-53, passed 11-3-2004; Ord. 05-45, passed 10-5-2005; Ord. 16-01, passed 2-17-2016)
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