Warren County, VA Law Enforcement Requested Towing

The towing recovery business shall have available at least one of the following vehicles with valid Virginia license plates, inspection sticker and SCC/DMV license.

Tow truck equipped with a wrecking crane capable of lifting a minimum of 8,000 pounds and up to a maximum of 10,000 pounds or the gross vehicle weight rating. Tow truck must be equipped with a wheel lift capable of lifting a minimum of 1,500 pounds.

Flatbed wrecker with at least an 8,000 pound winch and capable of transporting a maximum of 7,000 pounds or the gross vehicle weight rating.

Each of the vehicles above shall be originally designed as tow trucks.

Each of the vehicles above shall be equipped with the following:

A chassis rated with sufficient gross vehicle weight to match the maximum capacity of the crane mounted thereon;

All-weather tires on the rear wheels:

At least one fire extinguisher;

At least two operable amber revolving or flashing emergency lights, mounted on the highest part of the vehicle and visible from all sides;

One operable air tank, when not equipped with air brakes. Flatbed wreckers are exempt from this requirement;

(f)

One heavy-duty street broom and one shovel;

(g)

Dollies, scotch blocks and snatch block;

(h)

Gas and oil absorbent material;

(i)

ANSI-compliant, reflective vest, shirt or jacket; and

(j)

Vehicle tow lights.

Heavy-duty wreckers.

For those towing operators who desire to be on the heavy-duty wrecker list, they shall own or lease a minimum of two towing/recovery trucks and at least one road tractor. One truck shall have a minimum of 60,000 pounds rating and the second truck shall have a minimum 40,000 pounds rating. All units shall have winches rated at a minimum of 20,000 pounds. All units must have a boom that raises and lowers, extends and retracts by hydraulics. All units must have a hydraulic under-lift rated to raise 12,000 pounds at full extension.

Towing operators shall own, lease or have a written agreement with a subcontractor for the following:

[1]

Lowboy hydraulic operated trailer capable of transporting a wrecked or disabled road tractor and/or debris;

[2]

Trailer forty-five-foot or longer box trailer;

[3]

Dump truck, dump trailer or container;

[4]

Air cushions designed for and capable of uprighting a loaded tractor and trailer;

[5]

A skid steer loader, forklift or wheel loader capable of moving cargo and/or debris from the highway; and

[6]

Adequate personnel donning an ANSI-compliant reflective vest, shirt or jacket to off-load cargo.

All loads must be secured with two-wheeled straps or safety chains.

All equipment must be equipped with legally required light and safety equipment.

All equipment must be in good working order with all equipment required in this article.

Storage and security of vehicles.

All towing operators shall have a secured lot for vehicles towed under this article. Vehicles shall be stored at all times in said storage lot, storage facility or building or an adjacent service bay.

A towing operator shall maintain and own or lease a dedicated storage area able to contain all towed vehicles towed by the operator. Storage area shall be fully enclosed by a commercial-grade fence which is at least six feet tall, or enclosed by a permanent structure, have adequate lighting and remain reasonably clear of debris. Towing operators shall not share storage lots unless the shared storage lot is divided by a six-foot high stationary fence with a separate locked entrance to each storage area.

The storage lot shall have a sign posted identifying the firm's name and telephone number. Wrecker service facilities and equipment, including vehicles, office, telephone lines, office equipment and storage facilities may not be shared with another wrecker service. Vehicles towed at the request of law enforcement personnel must be placed in storage owned or leased and operated by the wrecker service on the towing list.

The storage lot shall have a graveled or paved surface.

Insurance.

No towing service agreement shall be signed until the towing operator has provided evidence of the following insurance coverage for the duration of the towing service agreement by a company or companies licensed to do business in the commonwealth. Any changes or lapses in insurance coverage shall immediately be reported to the Joint Towing Board.

The towing operator shall be required to carry garage keeper's legal liability insurance in the minimum amount of $75,000 to cover fire, theft, windstorm, vandalism and explosion for each lot. Towing operators on the heavy-duty wrecker list shall be required to carry garage keeper's legal liability insurance in the minimum amount of $200,000.

Insurance sufficient to protect itself from any and all claims of loss, damage or bodily injury, resulting from its acts or incurred in the operation of the towing operator's business equipment and vehicles pursuant to the towing service agreement in the amount of $750,000 or the amount required by the state (vehicle liability policy).

Insurance sufficient to cover claims under the Workers' Compensation Act,[1] if applicable, for all of its employees. If any work is sublet, the subcontractor shall provide similar coverage.

[1]

Editor's Note: See Code of Virginia, § 65.2-100 et seq;

The towing operator shall indemnify and hold harmless the Sheriff's Office, Police Department, Virginia State Police, Warren County and Town of Front Royal, all other law enforcement agencies assigned to Warren County, including their agents, employees and representatives, from any and all claims, casualties, damages or injuries arising out of its actions pursuant to the agreement.

§ 172-49 Application for agreement; fee.

Any towing operator desiring to perform towing work at the request a law enforcement agency shall submit an application for towing service in duplicate to the Joint Towing Board. Prior performance and reputation in the community, as reported through the office of citizen and consumer affairs and criminal history record information as supplied by applicant, will be considered when a towing operator applies to perform towing services under the towing service agreement.

All towing operators must be licensed through the Department of Criminal Justice Services.

In order to be qualified for towing under this article, a towing operator shall operate the towing recovery business at said location within Warren County for a minimum of six months prior to applying for towing under this article. The six-month waiting period may be waived for applicants who are currently authorized to tow under this article.

A towing operator may not make any changes that alter the information that was submitted in the application unless first notifying the Joint Towing Board.

The application shall be submitted on forms provided by the Joint Towing Board and includes the following information:

The name of the towing recovery business to include the owners, members and/or corporate officers.

The home and business addresses and phone numbers of the towing recovery business, owners, members and/or officers.

The location, size and security features of the storage lot on which the towed vehicles will be stored. The storage facility shall be described in detail to include the size, the lighting and the separate entrance. The storage facility may be a building or a lot which shall be a minimum of 1,500 square feet for regular towing operators or a minimum of 3,000 square feet for heavy-duty towing operators.

The location in which the public must go to in order to claim stored vehicles.

(5)

A statement of availability to provide towing service on a continuous twenty-four-hours-a-day basis each day of the year.

(6)

A list of the towing equipment, its size and capacity. Towing operators shall maintain and register all trucks. A copy of property taxes showing taxes paid on trucks and equipment domiciled within the county or town and each vehicle registration must be submitted on an annual basis with application or reapplication.

(7)

A complete list of insurance policies, carriers and agents which would be in effect upon execution of the towing services agreement. Proof of the policy will be filed with the Joint Towing Board. This information will include amount of coverage limits and include workers' compensation, if applicable.

(8)

A statement that the towing operator accepts reasonable responsibility for any personal property left in towed and stored vehicles, as may be otherwise determined by law, along with a description of the secure place which will be used to store the property left in towed or stored vehicles. A statement that the towing operator accepts reasonable responsibility for a towed vehicle from the time hookup starts until the vehicle reaches the intended destination.

(9)

Towing operators must list two telephone numbers at which they can be reached on a twenty-four-hours-a-day basis. Specific times and days denoting business hours versus nonbusiness hours must accompany the telephone number. Name of the business and telephone number must be posted in a conspicuous place at the place of business.

(10)

A statement from the zoning office of the local government entity in which the towing recovery business is located that the storage lot listed on the application meets all required zoning requirements.

(11)

A statement from the Treasurer and/or the town finance office that all financial obligations are paid. All towing operators must be current in all financial obligations to the County and/or Town.

(12)

A copy of declaration of personal property or business personal property on registered equipment must be submitted annually.

All applicants shall pay an application fee, as established by the Joint Towing Board, remitted to and collected by the Joint Towing Board.

§ 172-50 Inspections of towing operator; fee; application period.

All of the tow trucks, required equipment and storage facilities shall be inspected and approved by the Joint Towing Board prior to use. In addition, all tow trucks and required equipment shall conform to the provisions of Code of Virginia, § 46.2-1000 et seq. The Joint Towing Board may periodically inspect all wreckers, equipment and storage facilities utilized under this article without any advanced notice. There will be an annual inspection of all wreckers, equipment and storage facilities utilized under this article. For heavy-duty wreckers, a CVSA sticker will also be required.

There shall be an annual inspection fee, as established by the Joint Towing Board, remitted to and collected by the Joint Towing Board.

The Joint Towing Board shall give the towing operator written notice when the equipment or storage facility is found to be unacceptable.

Tow trucks and equipment or storage facilities that fail the inspection shall not be used by a towing operator in the performance of its obligations under a towing services agreement until they pass inspection.

Failure to comply with any of the conditions stated above will result in suspension of the towing operator from the towing list until the corrections have been made. If the corrections are not made within 10 calendar days, the towing operator shall be terminated from the towing list.

All applications for new towing operators to be included on the towing list or applications for renewals of towing operators shall be submitted to and shall only be received and processed by the Joint Towing Board from May 1 to May 30 of each calendar year. The calendar year for the application of this article shall be July 1 to June 30.

§ 172-51 Application approval.

The Joint Towing Board shall conduct an investigation to determine the accuracy of the information contained in the application and shall inspect the storage lot and equipment to be used.

Upon completion of the investigation, the Joint Towing Board shall determine whether the applicant meets the requirements of this article. If the Joint Towing Board finds the applicant qualified, he shall approve and sign the towing services agreement. The applicant's name shall be placed on the towing list in a rotating order.

If the Joint Towing Board finds the applicant unqualified, it shall indicate, in writing, the reasons and return the application to the applicant.

§ 172-52 Duties and requirements of towing operators.

Towing operators shall, at the request of and as directed by law enforcement personnel, tow vehicles in the County or Town in a manner that is damage-free to the vehicle being towed. Towing operators shall comply with all applicable federal, state and local laws, including, but not limited to, the securing of all necessary federal, state and local licenses. All towing operators shall display a WT-Tag (tow truck for hire) and/or an IRP-Tag (international registration plan).

All towing operators shall have the towing recovery business's name, town, state and telephone numbers printed on both sides of the towing vehicle in letters and numerals of such size, shape and color as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion. No magnetic sign shall be used on vehicles. Decals are permissible. The towing operator shall provide a business card to law enforcement personnel before leaving the scene. Each towing operator must be registered with the Virginia Department of Motor Vehicles in the name of the towing recovery business and insured by the towing recovery business.

Towing operators shall provide twenty-four-hours-per-day towing service each day of the year.

Towing operators shall have available at all times sufficient and qualified personnel to receive calls and execute the towing.

If a towing operator determines additional equipment is needed, the law enforcement personnel shall contact a different towing operator on the towing list.

Towing operators shall notify all law enforcement agencies during normal business hours 48 hours prior to a change in their phone number. No answering service is allowed.

Towing operators that operate under the lawful direction of law enforcement personnel or the Virginia Department of Transportation shall not be held responsible for any damages or claims that may result from the failure to exercise any authority granted under this article, provided they are acting in good faith.

Towing operators must also coordinate with personnel of the Virginia Department of Transportation regarding removal of vehicles and cargo. The Virginia Department of Transportation Personnel has the authority to use a front-end loader to remove vehicles and cargo.

The towing operator agrees to arrive on the scene within 30 minutes of receiving a call. If the towing operator fails to meet the specified time limit, the law enforcement personnel will notify a second towing operator. Once the second towing operator has been requested, services from the first towing operator are considered canceled and the first towing operator is not due any payment. Heavy-duty towing operators will have a forty-five-minute time limit to arrive on scene.

If, in the judgment of the Joint Towing Board, excessive delays are caused by circumstances within the towing operator's control, the Joint Towing Board may recommend the towing operator be suspended/terminated from the towing list.

Law enforcement personnel shall authorize work times for recovery operations. Law enforcement personnel has the right to terminate the recovery operation in the event of an emergency or if the work times are exceeded.

Towing operators shall have only those tow trucks owned or lease-purchased by them responding to calls for service.

If a tow truck is not available, then the towing operator shall immediately indicate to the dispatcher that it cannot respond and the reason why. The dispatcher shall then notify the next towing operator on the list.

Towing operators may use crossovers located on the interstates or public highways that are prohibited when directed to do so by law enforcement personnel pursuant to Code of Virginia, § 46.2-920.1.

All towing operators must possess a valid Virginia driver's license or commercial driver's license, and medical certificate as may be required and be qualified to operate the tow vehicle and its equipment.

All towing operators shall decline a service call if they consumed alcohol and/or used any drug or narcotic, either by a doctor's prescription or of their own free will within eight hours prior to a call for service.

Towing operators shall remove all litter, glass and debris caused by the incident which necessitated towing, including ordinary and reasonable quantities of oil and gas spillage as determined by the law enforcement personnel on the scene. If circumstances warrant additional charges, they will be thoroughly documented and itemized.

All towing operators shall have the capability to accept cash and credit card as payment for services under the agreement in the field at the time services are rendered.

The towing operator shall tow vehicles to any destination within Warren County requested by the vehicle owner or any law enforcement personnel. However, the vehicle may be taken outside of Warren County limits for impound or investigatory reasons. In addition, at the vehicle owner's or insurance company's request, the vehicle may be taken to a collision center outside of Warren County.

Any towing operator permanently ceasing to provide towing/recovery services shall, within 15 days, notify the Joint Towing Board, in writing.

Towing operators shall not bring minors to the scene of incident.

§ 172-53 Responsibilities and records of towing operators.

If an owner or lienholder fails to claim any vehicle or if the towing operator wants to satisfy any lien which it has on a vehicle, it shall be the towing operator's responsibility to dispose of or sell the vehicle in compliance with the Virginia State Code.

The towing operator shall be reasonably responsible for vehicles towed and any contents from the time the vehicle is towed until one of the following events occurs:

The vehicle is delivered to a location specified by the owner or other authorized person;

The vehicle and property is released to and accepted by the owner or authorized person in the same condition as originally towed; or

The vehicle is otherwise disposed of according to law.

Towing operators shall secure all personal property at the scene of a collision to the extent possible and preserve personal property in a vehicle which is about to be towed.

The towing recovery business shall keep records of all vehicles which have been towed pursuant to the towing services agreement. These records shall include, at a minimum, the date and time of tow, the vehicle's license number and state of issue, the vehicle's identification number, the year, make, model and color of the vehicle, the requesting agency, the location from which it was towed, the charges for towing and storage, the disposition of vehicle and date of disposition.

Such records shall be available for inspection by the Joint Towing Board during the towing recovery business's normal business hours without any advance notice.

The towing recovery business shall retain a copy of these records for a period of at least 12 months from the date of the tow.

Towing operators shall promptly arrange for the release of vehicles towed or stored pursuant to this article. There shall be an attendant available from the hours of 8:00 a.m. through 5:00 p.m., except on weekends and state holidays, for the purpose of permitting inspections or releasing stored vehicles. After hours, the owner or attendant must be available by telephone. The owner or attendant must be available twenty-four-hours-a-day, each day of the year for the purpose of releasing stored vehicles.

Towing operators, upon receiving a request to release or permitting an inspection of a stored or seized vehicle from the owner, operator or other authorized person, shall release that vehicle to the owner or other authorized person between the hours 8:00 a.m. and 5:00 p.m. within a thirty-minute timeframe.

Towing operators, upon receiving a request to release or permit an inspection of a stored vehicle by an owner or authorized person during other than normal business hours, shall allow and otherwise require two hours' notice for the release of such motor vehicle. The foregoing notice provision shall apply likewise for the release of personal property and contents within the vehicle. All fees charged for any off-hour release/inspection shall be no more than one day of storage.

Upon request, towing operators shall distribute to the owner, operator or authorized agent a copy of the complaint procedures form.

Towing operators shall not release any vehicle designated as "seized" or "seized for forfeiture" by a law enforcement agency until the towing operator obtains permission from the requesting agency and/or Commonwealth's attorney. The towing operator shall bill the requesting agency for the cost of the tow.

Towing operators shall not release any vehicle that has a "hold" on property contained within such vehicle without first obtaining authorization from the requesting law enforcement agency and/or Commonwealth's attorney.

Tow sheet form.

Whenever the towing operator is requested to remove a vehicle and the owner of the vehicle, or their authorized agent or driver, is not at the scene at the time of the tow, law enforcement personnel is requested to complete a tow sheet form that includes the following:

Owner's name and address, if known;

Lienholder information, if any;

Description of the vehicle and any visible prior damage;

Storage facility name and address;

Inventory of accessible contents of the vehicle; and

One copy shall be given to the towing operator, one copy to the owner of the vehicle and one copy retained by the law enforcement agency.

All records relating to the towing operator's application and insurance shall be made available for inspection without any advance notice by the Joint Towing Board after a Freedom of Information Act request is filed.

§ 172-54 Rotation system.

The Joint Towing Board shall ensure that towing operators are called on a rotating basis according to the towing list. Being placed on the towing list does not guarantee a particular number or quantity of calls; does not guarantee an equivalent number of calls to every towing operator on the list; nor entitle any towing operator on the list to any compensation as a consequence for not being called in accordance with the towing list or when removed from the towing list.

The owner or operator of a vehicle to be towed shall be asked to specify the towing operator of his choice, whether or not authorized by law enforcement personnel, unless the vehicle constitutes a traffic hazard and the requested towing operator will have an unacceptable response time. If the owner or operator requests a specific towing operator, the law enforcement personnel shall document the request in that particular agency's CAD.

The law enforcement personnel shall not call any towing operator who does not have a towing services agreement unless all towing operators on the towing list are unavailable or an emergency exists. In the event of an emergency or no availability of towing operators on the towing list, law enforcement personnel and VDOT can request towing recovery businesses outside of Warren County.

In an emergency, the law enforcement incident commander may call a towing operator out of sequence in order to shorten response time to the scene of the incident. However, any towing operators which are randomly used during suspensions of the towing list must be reported to communications for record purposes.

Law enforcement personnel at the scene may reject the services of the towing operator dispatched when the towing operator arrives with inadequate equipment to perform the tow. Unfitness shall include, but not limited to, possession of inadequate equipment to perform the tow, or operated by personnel who, due to drugs, alcohol or other incapacity, are not likely to perform the tow safely. In the event that the towing operator is determined to be unfit, law enforcement personnel shall notify communications to dispatch the next towing operator on the towing list and shall file a written report with the Joint Towing Board.

Law enforcement personnel will call another towing operator if the first towing operator fails to answer the telephone or receives a busy signal after two attempts.

If the towing operator does not answer the telephone or refuses the call, the towing operator loses that turn in rotation and will not be called until the towing list rotates to their name again. If the towing operator responds to a call, it shall be placed at the bottom of the towing list, unless the towing operator, through no fault of its own, is not used and receives no compensation for the call. In that event, it shall be placed back at the top of the towing list.

§ 172-55 Compensation.

All costs incident to towing and storage shall be paid by the owner or other authorized person of the towed and stored vehicle to the towing operator. In those cases involving "seized" vehicles, the owner shall reimburse the requesting law enforcement agency for the towing costs.

The towing and storage fees charged by the towing operator shall be reasonable in light of those charged by other towing operators in the county for comparable service. There shall be no additional charges for mileage. No charges imposed for the storage of vehicles for a period of 24 hours or less shall exceed charges imposed for one day of storage.

An itemized receipt for payment, which sets forth the cost of towing, excessive cleanup, storage, and repairs, shall be issued to the owner/operator or other authorized person. Said receipt shall also include a signature line for the owner/operator or other authorized person acknowledging receipt of the vehicle.

All towing operators shall submit their current pricing to the Joint Towing Board related to towing, recovery, winching, storage charges and administrative charges. No administrative charges shall be incurred for the first 24 hours of storage and no administrative fee or charge shall exceed $95. Written notice of these fees shall be available at the request of the owner or operator of the vehicle.

§ 172-56 Solicitation by towing operators.

No towing operator shall respond to an accident, scene of an emergency or mechanical breakdown for the purpose of towing vehicles unless specifically called there by law enforcement personnel, or the person involved in the accident or emergency. Violation of this section shall result in suspension from the towing list for 30 days for the first offense, 60 days for the second offense, and termination from the towing list for a third offense for a period of 12 months.

The law enforcement personnel shall direct the towing operator to leave even if the towing operator would otherwise have been called to the location.

The law enforcement personnel may direct the towing operator to provide necessary services in such instances when immediate assistance is necessary to protect persons or property.

Towing operators are prohibited from soliciting business at the scene of accidents, emergencies or mechanical breakdowns whether they are there in a towing capacity or other public service duties.

§ 172-57 Prohibited practices.

A violation of any of the following may subject the towing operator to suspension from the towing list:

Deliberate failure of a towing operator to respond to calls;

Securing a towing services agreement by fraud or concealment of a material fact;

Violation of the towing services agreement;

Chronic or repeated violations of this article;

(5)

A single violation of this article, including, but not limited to:

Running unauthorized calls;

Overcharges;

Alcohol or drug use;

Tardiness more than five times in a six-month period;