Towing Policy
Page 6
Administrative Policy
Towing Policy
(Adopted: October 8, 2004)
Policy Establishing Minimum Standards in Connection with
Application for a Wrecker Service Rotation
In order to protect the general interests of the public operating motor vehicles within the corporate limits of the Town of Nags Head, it is desirable that regulations be adopted to insure proper licensing, storage, availability and controls over persons and firms who provide wrecker service at the request of the Police.
The total number of Wrecker Companies for the Wrecker Rotation Service for the Town of Nags Head shall not exceed four.
I. License Required
A. No person shall operate a wrecker providing tow-in service authority without a Privilege License from the Town of Nags Head.
B. Application
1. Application for a license for a wrecker service under these provisions shall be made upon an approved “Application for Wrecker Service” form. Such forms may be obtained from the offices of the Chief of Police or Tax Office and will be prepared in triplicates and submitted to the Office of the Chief of Police. Such forms shall include, but not be limited to:
i. The name of the owner, home and business address, home phone and name under which the person does or will trade.
ii. The location, size and security features of the storage lot on which towed vehicles will be stored and the location to which the public must come to claim stored vehicles. In the event that the location to which the public must come is not within the area defined in this policy, the owner must include a statement that he will provide transportation to the pick-up point at his expense.
iii. A statement that adequate wrecker service will be a continuous 24-hour per day basis each day of the year and to include a listing of the towing equipment, size and capacity that would be used by the owner. Such statement must comply with the minimum provisions of the policy listed under “Duties and Requirements of Wrecker”.
iv. A complete listing of the insurance policies, carriers, and agents, the owner would place into effect upon approval of a service. Such insurance policies shall comply with minimum standards set forth herein.
v. A statement that the applicant owner will be responsible for any and all personal property left in the towed and stored vehicles. Such statement shall include a description of the vault or secured storage room which the owner would use to provide adequate protection for the storage of personal property.
vi. A description of the two-way mobile communications and base station to be used on each wrecker and at the office where calls are received.
II. Applicant Investigation
A. The Chief of Police shall, within five working days after receiving an “Application for Wrecker Rotation”, complete an investigation of the applicant owner, employees an the proposed operations. The investigation shall be made for the purpose of verifying the information in the application to assure compliance with the provisions of this article.
1. The listings of the insurance policies in effect or proposed and a determination as to whether these policies would meet the minimum requirements set forth herein.
2. A determination that the owned or proposed wrecker equipment meets the minimum standards in number, size and ability to perform required functions.
3. That the lot on which towed and stored vehicles would be placed meets the requirements or conditions as set forth in the policy.
4. That all requirements of this policy and all ordinances and laws are met.
III. Rotation Call List
A. The Chief of Police or his representative shall determine whether or not the applicant has complied with necessary standards and criteria. If he finds the applicant qualified, then applicant will be added to the rotation.
IV. Insurance Requirements
A. No wrecker shall be added to the rotation until the applicant owner has deposited with Chief of Police and Tax Officer the following insurance policies:
1. Garage Keeper’s Policy: a garage keeper’s legal liability policy covering fire, theft, windstorm, vandalism and explosion in the amount of $30,000 with each vehicle suffering damage being deemed a separate claim.
2. Garage Liability Policy: A garage liability policy covering the operation of the owner’s business, equipment or other vehicles for any bodily injury or property damage. This policy shall be in the minimum amount of $50,000 for any one person injured or killed and a minimum of $75,000 for more than one person killed or injured in any accident and an additional $30,000 for property damage.
B. Each policy required under this section must contain an endorsement by the carrier providing for 90 days notice to both the Town of Nags Head and the insured in the event of any change in coverage required under this policy.
V. Duties and Requirements of Wrecker
A. Continued Compliance
1. The owner of any wrecker service shall comply with all the provisions and requirements set forth under the Town of Nags Head Code of Ordinances.
B. Wrecker Size
1. The owner shall provide a minimum of 3 wreckers each equipped as specified in Section “I”, subsection 1 of this policy. The availability of a wrecker of sufficient size and weight to remove and tow tractor/trailer motor vehicles is desired but not a requirement.
2. All wreckers shall be equipped with all applicable warning lights as required by the laws of the State of North Carolina.
3. The owners of the wrecker service shall provide two-way communications equipment on the same frequency as a bass station located at a point where calls are received or a communication system consisting of telephone, cellular phones and pagers. The communication system must be inspected and approved by Nags Head Police Department.
4. The owner shall provide continuous 24-hour per day service each day of the year and there shall be an attendant on duty at all times for the purpose of receiving calls, receiving and releasing stored vehicles.
C. Condition of Storage Lot
1. The lot on which towed and stored vehicles are kept shall:
i. Be secure from theft and vandalism.
ii. Contain one building suitable for storage of two vehicles during inclement weather, if needed.
iii. Have a secure fence, a minimum of six feet in height, on all sides of an unattended lot. Unattended lot fences shall have entrance with locking device and shall remain locked when an employee is not present on the lot. Storage lots which include an unattended wrecker office shall have a minimum of a six-foot fence on the sides and rear and shall be exempt from requiring a front fence. Provided further, any whole lot or part of lot bordering on buildings that physically prohibit entry onto the lot shall exempt that part of the lot from requiring a chain link fence on that portion of the lot.
iv. Be maintained with paving or gravel to insure stored vehicles are not subjected to results of inclement weather.
D. Liability
1. That the owner shall assume all liability and shall indemnify and save the Town of Nags Head harmless from such liability for damages sustained by vehicles while being towed or stored and for all personal injuries occurring to any of the firm’s employees or other persons to maintain the required insurance policies.
E. Release of Vehicle
1. The owner shall not release any vehicle impounded, by the Town of Nags Head, without authorization by the responsible department of the Town.
F. Responsibility for Fees
1. All costs incident to towing and storage shall be paid by the owner or person in charge or possession of the impounded, towed, and stored vehicle to the respective tow service and a receipt for payment shall be issued to the said person. In the event the Police Department shall cause a vehicle to be impounded, towed, and stored, and the owner or operator is determined by the appropriate Police Department official not to have been in violation of the parking ordinances for which the said vehicle was impounded, towed and stored, the vehicles shall be released to said person without said person having to pay the towing and storage fees, provided that in this instance the Town of Nags Head shall pay for the towing of that vehicle. A Nags Head Police Officer or person appointed by the Chief of Police may authorize the release of an impounded vehicle at the scene of the impounding when the owner of person entitled to use a vehicle arrives on the scene and:
i. Agrees to pay a minimum fee of twenty-two dollars and fifty cents ($22.50) to the authorized wrecker driver provided the wrecker driver has performed no work incidental to the towing of the impounded vehicle. The Nags Head Police Department shall assume no liability or responsibility for any vehicle removed from a contract owner’s premises without proper release.
G. Records, Claim Check, Inspection
1. The Owner shall maintain approved records and claim check system to assure release of vehicles to the rightful owner or authorized person. Such records shall be open to the Police Department for investigation of specific complaints and for compiling required surveys under this policy.
H. Inspection
1. No wrecker may operate unless such wrecker is inspected by a person appointed by the Chief of Police. Inspection of wreckers shall include the operation of winches, operation of receiving and transmitting of radio equipment, operation of emergency clearance, head, tail and brake lights, windshield wipers, slings and dollies, horns and mufflers. All wreckers must be equipped with the additional equipment listed below:
i. Broom capable of cleaning debris from highway
ii. Fire extinguisher
iii. Shovel
iv. Flares
v. Dollies-exempt; if the wrecker is a rollback wrecker
vi. Snatch blocks
vii. Two scotch blocks
viii. Wrecking bar or auto power machine
ix. Recovery lights or spot lights or rear of wrecker
x. Current Town map
I. No wrecker shall respond to any accident scene without either being called by the Police Department or the wrecker company notifying the Police Department. The Police Department shall have the right to deny any wrecker from responding in the event another wrecker has been previously dispatched. Each accident, regardless of number of vehicles involved, shall be considered one accident and shall be handled by one wrecker owner unless the wrecker owner requests assistance form another wrecker service.
VI. Termination of Service
A. Termination – Either the owner of any wrecker service of the Chief of Police or his representative may terminate the service upon 60 days notice to the other.
B. Revocation – The Chief of Police may also terminate the service upon 48 hours notice when he finds:
1. That the acceptance for service was secured by fraudulent act, statement or material fact or that a fact concerning the applicant was not disclosed at the time the owner applied and such fact, if known, would have caused the refusal.
2. That the wrecker owner has violated the fee schedule by over charging.
3. That the wrecker owner has violated any of the regulations established by the Chief of Police.
4. That the Police Department is not satisfied with the general services of the owner and/or employees or the cooperation it has received while rendering service or for other justifiable cause.
5. That the wrecker company has responded to a rotation call knowing same not to be his rotation day.
6. Does not arrive at location requested within 30 minutes after the initial contact is made by the Dare County Communication Center.
i. If the wrecker has not arrived within 30 minutes the requesting officer will request the next wrecker on rotation and will send back the first wrecker called when it arrives.
C. Decision Final – The decision of the Chief of Police or his representative will be final regarding the issuance, refusal to issue, or termination of the service.