Town of Lloyd, NY
Ulster County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lloyd 9-20-2017 by L.L. No. 6-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 96.
[1]
Editor’s Note: This local law also repealed former Ch. A110, Towing List, adopted 8-16-2016 by L.L. No. 7-2016.
It is hereby declared and found that it is of vital importance to the traveling public that disabled vehicles be removed from the highways as promptly as possible; that delay in removal results in traffic congestion and may cause additional accidents; that the towing of disabled motor vehicles from the highways of the Town of Lloyd is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public against traffic problems and confusion at the scene of accidents, fraud and excessive rates and similar abuses. To serve these ends, the Town Board establishes a towing list for use by the Town of Lloyd Police Department ("Town Police").
A. 
It is the intent of the Town Board of the Town of Lloyd to establish a fair and uniform policy for towing of vehicles from accident scenes consistent with statutory and decisional law. The following issues have been taken into consideration in the development of this policy:
(1) 
The needs of the public.
(2) 
The needs of the towing industry.
(3) 
The needs of the Town Police.
B. 
Towing companies participating in the Town towing program must demonstrate to the Police Department that they can give prompt, safe and professional service.
C. 
The needs of the towing industry must be met by providing them with a consistent program for the equitable distribution of tow calls within the Town. This provides the towing industry with clear and concise requirements for continued service to the Town Police. This policy also allows for a fair and equitable means to resolve disputes between the tow company and the Town Police.
D. 
This chapter also establishes appropriate administrative procedures to deal with those companies who do not meet the standards set forth herein.
The Town Board requires that any towing company which applies for a position on the Town Police towing list must meet the following standards:
A. 
All towing companies must maintain minimum insurance coverage as follows and must provide evidence of such insurance (except as to worker's compensation) in the name of the listed towing company naming the Town of Lloyd as additional insured:
(1) 
Light duty list:
(a) 
General auto liability: $2,000,000 each occurrence, which may be met through excess or umbrella coverage.
(b) 
On-hook direct primary: $100,000 each occurrence.
(c) 
Garage keepers: $300,000 each occurrence.
(d) 
Workers' compensation: NYS requirements.
(2) 
Heavy duty list:
(a) 
General auto liability: $4,000,000 each occurrence, which may be met through excess or umbrella coverage.
(b) 
On-hook direct primary: $500,000 each occurrence.
(c) 
Garage keepers: $1,000,000 each occurrence.
(d) 
Workers' compensation: NYS requirements.
B. 
All towing companies in the form of a limited liability partnership, limited liability company, corporation or other form of organization must provide evidence of good standing with the NYS Department of State to confirm that the listed company is the same as the one identified in the license and insurance and to avoid duplication of listings.
(1) 
Each towing company, including any DBA or assumed name under which they appear, may submit only one application for the list.
(2) 
Each application must include the company's USDOT and/or NYSDOT number.
C. 
All towing companies must maintain a valid inspection and registration for each of their tow vehicles. The companies must provide the following to the Town of Lloyd:
(1) 
A list of all tow vehicles to be used within the Town.
(2) 
A list of all drivers who will be operating said vehicles, with driver's license ID numbers.
D. 
All towing companies must own, lease or sublease either a lighted, fenced and locked or indoor locked vehicle storage facility in which to store towed vehicles out of public access. Such storage facility shall be in compliance with applicable zoning and building code requirements.
(1) 
The vehicle storage facility shall be under the control of the applicant and shall not be used by any other towing company.
(2) 
All records required by this chapter must be maintained at said location.
(3) 
All towing companies shall have staff at the vehicle storage facility to provide for vehicle redemption at least between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
(4) 
An inventory list for the cars on site shall be maintained.
E. 
All towing companies must maintain adequate equipment to perform the required towing tasks. Each driver shall maintain a valid operator's license for the class of vehicle being driven to and from the tow scene.
(1) 
Towing companies must have the following equipment:
(a) 
All trucks and equipment will adhere to all applicable NYSDOT and USDOT regulations.
(b) 
Each truck is to be equipped with:
[1] 
A broom.
[2] 
A shovel.
[3] 
Speedi dry or equivalent oil-absorbent product.
(2) 
All towing companies must have their vehicles marked in compliance with NYSDOT and/or USDOT regulations. (See 17 NYCRR § 820.1 and 49 CFR Part 390.)
(3) 
Towing companies must have at least one tow truck with a gross vehicle weight of 10,000 pounds or one flat bed with a gross vehicle weight of 15,000 pounds.
F. 
All towing companies must comply with the twenty-minute response time to the scene of the tow after receiving the request for service. The twenty minutes runs from the initial call from the Town Police to the tow company, regardless of whether voice contact is made.
G. 
All towing companies must make their facilities and equipment available for scheduled inspections on two weeks' notice. These inspections will be made to ensure that each company maintains the required Department of Motor Vehicles (DMV) registration, vehicle registrations, vehicle inspections and vehicle insurance. The Town reserves the right to conduct inspections at any time of any tow trucks, insurance documentation and operator's license used by any company on the list.
H. 
Towing companies on the list must apply for and receive a sticker from the Town of Lloyd Police Department, which must be displayed on the tow vehicle by all companies on the list.
I. 
All tow truck drivers must maintain a valid license with the necessary and required tow endorsement, and proper classification for the vehicle being driven to and from the scene with proper endorsement, e.g., air brake if applicable. For the heavy duty list each tow truck driver must maintain a valid CDL-A license and any additional required endorsements for the vehicle being towed including tankers, hazardous materials, doubles and triples, etc.
J. 
The towing company shall remove any debris at the scene from the vehicle being towed, including glass. Debris shall not include hazardous materials which require manifested disposal pursuant to DEC guidelines.
A. 
All applications (initial and renewal) to be placed on the tow list shall be submitted in writing to the Town of Lloyd Police Department, on forms provided by the Police Department.
B. 
Applications shall contain the following information:
(1) 
Application fee and/or renewal fee, in the amounts established from time to time by resolution of the Town Board;
(2) 
A description of the vehicles owned by the towing company, including manufacturer, model and model year and the DOT registration number;
(3) 
Proof of the required insurance;
(4) 
Place and location of the storage yard and contact phone number, including after-hours contact information.
C. 
Grounds for rejecting an application, whether original or renewal, is:
(1) 
Material false statements or misrepresentations;
(2) 
Conviction of a felony in connection with the operation of a motor vehicle of any tow truck operator;
(3) 
Conviction of a felony in connection with the operation of a towing business of the company's owner or principal;
(4) 
Conviction of a felony involving fraud or corruption of the company's owner or principal;
(5) 
Failure to meet the criteria outlined in § A110-3.
D. 
Tow companies are under a continued duty to consistently maintain and meet the requirements outlined in § A110-4B and C. They are under an affirmative duty to report any changes in status, specifically as they pertain to § A110-4B and C. To the extent a company falls out of compliance with said requirements, the company must report the same to the Town Police within 10 days of discovery of the failure to meet the requirements.
A. 
Two rotational towing lists shall be kept.
(1) 
A light duty list shall be for normal passenger vehicles, SUV's, vans, light trucks and motorcycles; and
(2) 
A heavy duty list shall be used for towing companies capable of towing larger commercial-type vehicles (GVWR of 18,001 pounds or more).
B. 
Priority for contacting towing companies shall be made in the following sequence:
(1) 
Emergency needs at the towing scene as determined by the Police Department.
(2) 
Owner request for a specific towing company as provided in § A110-8F (within a reasonable distance that would permit response within 20 minutes).
(3) 
Next towing company from the rotational towing list.
C. 
Towing companies will be placed on the towing list in alphabetical order.
D. 
In the event of a multiple-car accident scene where Town Police determine more than one company is necessary, order and selection of the cars to be towed will be determined by the Town Police, in the interest of safety, so that the vehicles are removed promptly.
E. 
Tow calls from the towing list shall be made from the top of the list. Once a tow company has responded to a call, or failed to respond, its name shall be placed at the bottom of the rotation list.
F. 
A towing log shall be maintained at the Town Police Department and available for public inspection during regular business hours. After a tow company has been contacted, or failed to answer, the call shall be logged onto the tow log.
(1) 
The log shall include the name of the tow company, the time the call was made and whether or not the company responded.
(2) 
Upon the tow company's arrival at the scene, the officer at the scene shall advise the police dispatcher of the time of arrival of the tow company. The arrival time shall then be recorded on the tow log.
G. 
If a tow company accepts a job, it must arrive on the scene no more than 20 minutes from the time it was contacted.
H. 
The heavy duty list and light duty list will each be limited to 11 tow companies.
(1) 
As of September 1, 2017, there are 11 companies on the tow list for light duty tows and two companies on the tow list for the heavy duty tows. In 2018, those companies will receive priority for inclusion on the tow list under this chapter, assuming each tow company complies with all application requirements and the payment of the permit fee within the time limits set by the Town Board.
(2) 
For years 2019 and forward, any towing company submitting any application for the renewal of an existing and valid permit issued under this chapter shall maintain its spot on the list, assuming the towing company submits their renewal application and pays the permit fee within the time limits set by the Town Board.
(3) 
When a tow list has reached the maximum of 11 permittees, any new applications received shall be date stamped and remain on file with the Town Clerk. Upon the opening of a spot on the tow lists, the first application to have been filed will be reviewed and processed for possible inclusion on the tow list.
A. 
A tow truck operator may be suspended from the tow list for the following reasons:
(1) 
Failure to respond to three calls within a three-week period, absent reasonable cause;
(2) 
Lapse of registration of tow vehicles;
(3) 
Lapse of inspection sticker; or
(4) 
Lapse of required insurance coverage.
B. 
Notice of suspension may be served either personally or by overnight delivery at the tow operator's place of business as set forth on the application. Suspension without notice shall not be enforceable.
C. 
In the event of suspension, tow truck operator may appeal the suspension and/or removal to the Town Board within 20 days thereafter.
D. 
Upon the determination that the tow truck operator failed to respond to three calls within a three-week period, absent reasonable cause, may result in suspension from the tow list for a period of up to four weeks.
E. 
In the event of lapse of registration, insurance coverage, inspection sticker or loss of license, the company shall be immediately suspended and the suspension shall continue until the requirements are brought into compliance or otherwise cured.
F. 
To the extent a company suspended from the list, and the list has 15 companies on it at the time of suspension, the company's position will not be filled until latter of when the twenty-day appeal period has run or the appeal has been dismissed.
G. 
A company suspended due to a lapse of registration, insurance coverage, inspection sticker or loss of license may present evidence that the defect has been cured within the twenty-day window and, if the Board determines the defect has been cured, the Board shall reinstate the company.
H. 
If a company suspended due to a lapse of registration, insurance coverage, inspection sticker or loss of license does not present evidence to the Board that the defect has been cured within 20 days of the date of the notice of removal or suspension, the Board shall review and process outstanding applications, if any, as described in § A110-5H.
A. 
The Town Police shall conduct annual inspections of the towing companies' facilities as identified on the application.
B. 
Such inspection shall be scheduled at least two weeks in advance with a notice in writing served by facsimile, email or personal delivery.
C. 
Inspections shall verify:
(1) 
If the company is a repair shop or body shop, that it has a valid DMV registration for such shop;
(2) 
For each towing vehicle, a valid registration, a valid inspection sticker and valid insurance coverage;
(3) 
Determine the adequacy of the storage area used by the company.
D. 
The results of these inspections shall be in writing and placed on file in the tow truck operator's file maintained by the Police Department.
E. 
Reinspection shall occur within two weeks to insure that any noted deficiencies have been corrected; follow-up inspections shall also be placed on file as stated above.
F. 
Within 45 days of the scheduled inspection, the Police Chief shall submit a memorandum to the Town Board listing all facilities inspected, the results of the inspection and any reinspection.
A. 
Towing companies are expected to:
(1) 
Be available 24 hours a day, seven days a week
(2) 
Be willing to respond to any type of tow call, whether it be a collision, disabled vehicle, impound, etc.
B. 
Vehicle owners or representatives must be able to retrieve their vehicles Monday through Friday during normal business hours. The towing company may charge up to $50 for an after-hours release at the vehicle owner's request.
C. 
Towing companies must provide one permanent day and/or night phone number. Absent mitigating circumstances, towing companies will not contact Town Police and attempt to leave phone numbers of on-call tow truck operators.
D. 
Towing companies and their personnel must comply with all applicable rules and regulations of Federal Motor Carrier Safety Law as well as the New York State Vehicle and Traffic Law and the Town of Lloyd Code.
E. 
Towing companies must comply with General Business Law §§ 399-x and 399-xx requirements as they pertain to forms of payment that must be accepted by tow companies.
F. 
Request forms.
(1) 
The Town Police shall complete an owner's/operator's request form for any tow request.
(2) 
If the owner/operator expresses a preference but is physically unable to sign the form, it should be signed by a person who has witnessed the request, such as an EMT, fireman, vehicle passenger, etc.
(3) 
The Town Police shall submit the form to the Chief or officer in charge for review and filing.
(4) 
The forms shall be retained at the station for one year.
G. 
Police officers and employees of the Police Department are prohibited from making any recommendation to motorists who have no preference for a towing company. Town Police shall inform the motorist that a list comprised of companies which have all met certain criteria is maintained.
A. 
Towing companies shall maintain records of all charges for tows dispatched pursuant to this chapter and such records shall be available for review by the Town Police upon request.
B. 
The Town Board shall establish by resolution a schedule of maximum rates and charges permitted to be charged by towing companies for tows dispatched pursuant to this chapter, subject to annual review. Charges in excess of such authorized rates are prohibited and constitute grounds for removal pursuant to §§ A110-10 and A110-11.
A. 
No tow truck operator or company shall respond to the scene of any motor vehicle accident within the Town of Lloyd unless a specific request for the services of such tow truck operator has been requested by the person in charge of a disabled vehicle, a police officer or other emergency personnel. It shall be an affirmative defense that the tow truck operator was justified in arriving at the scene of the motor vehicle accident when he or she was not specifically requested to be there when his or her presence was required as an emergency measure to avoid an imminent public or private injury.
B. 
No tow truck operator or company shall charge fees in excess of the maximum authorized rates set by Town Board resolution, pursuant to § A110-9B.
C. 
All tow truck operators and companies must comply with all rules outlined in this local law. Violation of any provision of this local law may be deemed a punishable offense.
D. 
All tow companies must comply with their affirmative duty to report their own noncompliance at outlined in § A110-4D, to the extent they knew or should have known of the noncompliance.
The penalties will be set from time to time by Board resolution.