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").
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:
[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.
The penalties will be set from time to time by Board resolution.