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ORD 2023-13 WRECKER AND TOWING - Adopted NORTH AUGUSTA DEPARTMENT OF PUBLIC SAFETY POLICIES AND PROCEDURES Subject Date Department Policy No. Wrecker Rotation Procedures 06/07/23 Becomes official when adopted by council 1710 Applicable Standard(s) Accreditation Section No. No. Pages in Section N/A 6 I. Purpose To provide Officers and Wrecker Service personnel with guidelines on Tow Service general regulations. II. Policy It is the policy of this agency to ensure that wreckers are utilized to their maximum effectiveness, while maintaining a fair and impartial method of administering their use. Moreover, it is the policy of the agency to safeguard vehicles and their contents while in the custody of the agency, and to protect the agency against claims of lost, stolen, or damaged property. III. Definitions List Wrecker – a towing service on the agency's list of authorized wreckers. Owner's Request – when a citizen, due to an accident or breakdown, requests a specific wrecker company for assistance. Impound – the towing and securing of a vehicle until such time as the owner, or his/her designee, can take possession of the vehicle. These vehicles are generally towed by the list wrecker to a storage location managed by the wrecker company. Placing a Hold – the securing of a vehicle, until such time as it can be processed, as in the case of a recovered stolen vehicle, a seized vehicle, or a vehicle, which contains evidence. These vehicles are not available for pick-up by the owner, they are held in possession of the agency. These vehicles may be stored at an agency facility or a wrecker company storage location, depending on the circumstances of the hold. IV. Procedures A. Tow Service General Regulations The following regulations shall apply to all wrecker services utilized by the North Augusta Department of Public Safety. 1. No North Augusta Department of Public Safety employee will hold any financial interest or any form of ownership in any wrecker service. B. Qualification criteria 1. All wreckers shall have appropriate safety equipment, fire extinguishers, warning devices, flashlights, and all other equipment necessary to protect the motoring public and be equipped with amber flashing lights visible in all directions for a distance of 500 feet in normal sunlight. Such equipment shall be maintained in good working order. All authorized amber flashing lights shall be activated and wrecker operators shall wear reflective traffic safety vest while performing recovery operations or when circumstances are such that the vehicles being transported create a potentially hazardous condition for other motorists. 2. Each wrecker service on the rotation list must place a sign on the driver and front passenger door of each of its wreckers indicating the company name, address, and telephone number of the zone to which it is assigned. This sign shall be painted on the doors of the wrecker or otherwise permanently affixed to the doors. The letters of the sign must be no less than two inches high. If the wrecker is registered in a name other than that of the wrecker service, the owner's name must also appear on the doors in letters no less than one inch high. All lettering on wreckers shall be plainly visible and shall be in a color that contrasts to that of the wrecker. 3. Each wrecker service on the rotation list must place a sign on the exterior of its business location clearly visible indicating the company name, telephone number, and business hours. 4. Each wrecker service on the rotation list shall carry liability insurance on its wreckers and its premises in an amount not less than $300,000.00 for a Class A wrecker, $500,000.00 for a Class B wrecker, and $750,000.00 for a Class C wrecker. 5. Each wrecker service on the rotation list shall carry insurance that covers vehicles, cargo, and other property in or on the vehicle during transit in an amount of not less than $75,000.00 for a Class A wrecker, $150,000.00 for a Class B wrecker, and $250,000.00 for a Class C wrecker. 6. Each wrecker service on the rotation list shall carry garage keeper's liability insurance covering customer's vehicles in an amount not less than $100,000.00 for a Class A wrecker, $200,000.00 for a Class B wrecker, and $200,000.00 for a Class C wrecker. 7. Each wrecker owned by any wrecker service on a rotation list shall be equipped with a towing log. The towing log shall be maintained by the wrecker service and shall accurately reflect all towing done by the wrecker service at the request of the Department of Public Safety. The North Augusta Department of Public Safety Communications Center shall design the wrecker log format. Each wrecker service owner shall be responsible for producing this towing log upon request by a law enforcement officer. 8. Wrecker operators must display professional behavior when conducting business at the request of Public Safety. 9. Wrecker services and operators shall be familiar with and shall comply with the laws regarding solicitation (S.C. Code 1976, 56-5-3180). 10. A new rotation list will be created at the beginning of each calendar year. A wrecker service desiring to be placed on the rotation list for the upcoming year must apply in writing by October 1 of the year prior to their request to be placed on the list. Qualifications and procedures for establishing the list will be as follows: a. Possess a valid City of North Augusta business license. b. Be on the South Carolina Department of Public Safety Service Rotation List or if such business is not on such list it would need to request that the North Augusta Department of Public Safety review its qualifications and be found to meet all requirements as set forth in this policy or if such business is not on such list it would need to request that the City of North Augusta review its qualifications. c. The Department will prepare a new rotation list for each calendar year with such list being completed and published not later than December 20 of the calendar year before the new rotation list becomes effective on January 1 of the following year. Written notification will be made to each towing service who is placed on the list. d. The list will provide for wrecker service to be provided by the companies on the rotation list on a week-to-week basis beginning on Monday at 0800 hours and ending the following Monday at 0800 hours. 11. If a wrecker service that is on the City rotation list as a result of being approved by the South Carolina Department of Public Safety is removed from the qualified tow list for the South Carolina Department of Public Safety, such company shall be removed from the City’s list unless said company is able to provide proof to the City that it meets all requirements of the City policy. 12. In the event that a company on the list as a result of inspection and approval by the Department of Public Safety is determined to be no longer in compliance, the Department of Public Safety would notify such wrecker service of any deficiencies and unless the same are corrected within 15 days, said company would be removed from the City list. C. Wrecker service rotation list; responsibilities. 1. A wrecker service requesting to be on the rotation list for the City of North Augusta must physically have a business location within a five (5) mile radius of the city limits of North Augusta, within the State of South Carolina. The wrecker to be used, must be housed at that location during normal business hours. (“Normal business hours” or “business hours” as used in this policy means at a minimum from 08:30 to 17:00 hours, Monday through Friday and additional hours designated and posted by the company.) The vehicle towed must be towed to the same business location where the wrecker is housed during normal business hours, unless the vehicle owner or operator requests that the vehicle be towed to another location. Normal business hours must be clearly posted. Storage lots are not considered as a separate business. There will only be one telephone number for one wrecker service at any one address on rotation. A wrecker service must immediately notify the North Augusta Department of Public Safety upon change of address or telephone number. 2. When the services of a wrecker are needed and when the owner or driver of the vehicle to be towed has no preference as to which wrecker service he desires, a wrecker will be called from the wrecker rotation list. The investigating officer will use his discretionary authority to deny request for specific wrecker service whenever the request will delay the timely restoration of safe traffic movement. 3. The wrecker service must have a wrecker of sufficient size and strength to handle the job. The North Augusta Department of Public Safety will have the right not to call a wrecker service that, in its opinion, fails to meet this qualification for a specific job. Under these conditions, the wrecker service not called will remain on the top of the rotation. 4. Wreckers shall respond only upon the request of the North Augusta Department of Public Safety. 5. Wrecker services will be called from the rotation lists in the order in which they appear on the lists. If a particular wrecker service is unavailable when called, it will be passed over and the next wrecker service on the list will be called to the scene. 6. Wrecker services shall be available to the North Augusta Department of Public Safety to respond to rotation calls as well as requests by the department for the immediate release of personal property on a 24-hour, seven-day-a-week basis. Each Wrecker service will be allotted two weeks of vacation time per calendar year. Written notification for vacation time request must be given to the City of North Augusta at least two weeks prior to the affected dates. Written approval by the City of North Augusta is necessary to ensure adequate coverage for the List. The wrecker service location shall have an agent present during business hours and at the request of the owner of the towed vehicle or his designee, the wrecker service must immediately release personal items such as medicines, medical equipment, keys, clothing, and tools of the trade, child restraint systems and perishable items. Should there be a dispute between the vehicle owner or the vehicle owner's designee and the wrecker service regarding any storage fees or charges, the vehicle owner or the vehicle owner's designee must provide the wrecker service written notification of the dispute. If the dispute is settled in favor of the wrecker service then the owner of the towed vehicle is liable for all charges which accrued pending the resolution. The wrecker service must cease any storage charges that would otherwise accrue from the time the wrecker service receives written notification of the dispute until the dispute is settled. Upon release of the vehicle, the wrecker service shall provide an itemized statement of all charges. If the vehicle owner is not available to sign a release, the wrecker service must release the vehicle to the owner's insurer or to the owner's designee. 7. When a wrecker service or wrecker driver is unable to answer a call, the officer shall be promptly notified of the reason for the unavailability. A wrecker service or driver cannot refuse a call without prior notification of unavailability or without just cause. 8. Unless the owner or driver of a vehicle is incapacitated or unavailable, the investigating officer at the scene will make a determination of the owner or driver's preference of a wrecker service. The investigation officer will use the discretionary authority to deny requests for a specific wrecker service whenever the request will impair the timely restoration of safe traffic movement. In the event the owner or driver of the vehicle does not have a preference or preference cannot be determined, the investigating officer will utilize a wrecker from the rotation list. The wrecker service responding to such call shall provide the vehicle operator with a card containing the wrecker service name, address, telephone number, and business hours. 9. A wrecker service shall respond, under normal conditions, in a timely manner not to exceed 30 minutes. Failure to respond in a timely manner may result in a second rotation wrecker being requested. If the second wrecker is requested before the arrival of the first rotation wrecker, the initially requested wrecker will forfeit the call and will immediately leave the collision/incident scene. 10. A wrecker service may respond with a wrecker of a higher class than requested. However, wrecker service is limited to the rates of the requested classification. 11. It shall be the responsibility of the wrecker service to perform a general clean-up of the accident area before leaving the scene of the accident. This responsibility requires the wrecker service to remove all debris such as broken glass, liquids, and materials from an accident area by sweeping up such debris and removing this material from the scene in a garbage can-type container on each wrecker. All wreckers shall be equipped with brooms, shovels, commercial absorbent and all other equipment necessary to fulfill this responsibility. 12. Each wrecker service shall be responsible for securing personal property in a vehicle at an accident scene. The wrecker service shall be responsible for preserving personal property in a vehicle towed from an accident scene. 13. The wrecker service shall maintain the towed vehicle in a safe storage area in a manner that would prohibit further damage and ensure protection of personal property. This may be a locked building or a secured fenced-in area where the stored vehicles and other property will not be accessible to the public. Wrecker services may charge a daily storage fee, commencing 12 hours after the vehicle is towed to the storage area and terminating when the vehicle owner or vehicle owner's designee offers or attempts to pick up the vehicle and offers to pay the wrecker service's legitimate accrued charged. The 12 hour storage fee does not apply to recovered, stolen vehicles. “See attached SC Code of Law Section 56-5-5630 subsection C paragraph 1 & 2.” a. Outside storage facilities must be sufficiently lighted, fenced, and locked for protection of vehicles and property. b. Fencing around storage facilities must be of adequate size to discourage theft of vehicles and property stored within, and may not be less than six feet in height c. Inside storage, covers, tarpaulins, or other devices must be available for protection of vehicles or personal property. 14. A wrecker service may secure assistance from another wrecker service when necessary to complete the recovery; however, this does not supersede subsection (c) of this section nor does it permit wrecker services to accept a rotation call and dispatch the call to secondary wrecker services. Only one bill is to be submitted to the owner or operator for the work performed. 15. Motorists utilizing the North Augusta Department of Public Safety's wrecker rotation list will have the option of paying by major credit card. The wrecker service may request, prior to dispatching, if the motorist intends to pay by major credit card. If the wrecker service does not accept major credit cards, the next wrecker service that does accept credit cards will be utilized. Any wrecker service called that does not accept credit cards will remain on the top of the rotation list. 16. When the wrecker company has towed a burnt or chopped vehicle where the vehicle identification number has been removed and the vehicle has been towed to their storage lot, the wrecker service requested by law enforcement will provide assistance by either the use of their hard mounted floor lift or the use of the wrecker boom in lifting the vehicle in a location where the Investigator can both safely and sufficiently be able to get underneath the vehicle in order to try and locate the secondary vehicle identification number. This will both benefit the North Augusta Department of Public Safety in identifying the vehicle and the wrecker service by helping them know what insurance company to contact on the vehicle. D. Complaints and disciplinary procedures. 1. Complaints from or about wrecker services regarding an incident involving the North Augusta Department of Public Safety or its operation of the wrecker list must be received in writing within 30 days of the alleged incident. Complaints should be directed to the Patrol Captain for review. E. Wrecker classifications. 1. Class A (light duty) wrecker. Class A wreckers, for towing vehicles weighing 7,000 pounds or less, (passenger cars, pickup trucks, motorcycles, small trailers, and similar vehicles) shall meet the following minimum requirements: A. Conventional wrecker 1. Minimum gross vehicle weight (GVWR) of not less than 10,000 pounds. 2. Individual boom capacity of not less than 8,000 pounds as rated by the manufacturer. 3. Individual PTO or hydraulic power winch capacity of not less than 8,000 pounds as rated by the manufacturer with at least 100 feet of three-eighths inch cable drum. 4. A manufactured wheel-lift with a retracting lifting capacity of not less than 3,500 pounds as rated by the manufacturer, with safety chains. 5. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 6. Dual rear wheels. 7. Additional safety equipment as specified by the regulations. B. Rollback wrecker. 1. Minimum gross vehicle weight rating (GVWR) of not less than 11,000 pounds. 2. Must have at least an 8,000 pound winch as rated by the manufacturer with at least 50 feet of three-eighths inch cable or larger. 3. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. 4. Additional safety equipment as specified by the regulations. 2. Class B (medium duty) wrecker. Class B wreckers, for towing vehicles weighing between 7,001 and 17,000 pounds or multiple vehicles weighing 7,000 pounds respectively (medium-sized trucks, road tractors/trailers and similar vehicles), shall meet the following requirements: a) The tow truck chassis shall have a minimum gross vehicle weight rating (GVWR) of not less than 22,000 pounds. b) Must have at least a 12-ton boom assembly as rated by the manufacturer. c) Two winches, each of 10,000 pound capacity or more as rated by the manufacturer. d) A manufactured wheel-lift with a retracting lifting capacity of not less than 6,500 pounds as rated by the manufacturer, with safety chains. e) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. f) Additional safety equipment as specified by the regulations. 3. Class C (heavy duty) wrecker. Class C wreckers, for towing vehicles in excess of 17,000 pounds (large trucks, road tractors/trailers and similar vehicles), shall meet the following minimum requirements: a) Truck chassis having a minimum gross vehicle weight rating (GVWR) of not less than 46,000 pounds. b) Tandem axles or cab to axle length of not less than 102 inches. c) A single or double boom with a capacity of not less than 50,000 pounds as rated by the manufacturer. d) A single winch with a capacity of 50,000 pounds as rated by the manufacturer or an individual power winch of not less than 25,000 pounds as rated by the manufacturer and a total rating with both winches of 50,000 pounds. e) A manufactured wheel-lift with a retracting lifting capacity of not less than 12,000 pounds as rated by the manufacturer, with safety chains. f) 150 feet of five-eighths inch cable or larger, plus 50 feet of five-eighths inch drop cable. g) Airbrakes constructed so as to lock wheels automatically upon failure. h) Light and air brake hookups. i) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable. j) Additional safety equipment as specified by the regulations. F. Rates The standard fees established by the South Carolina Department of Public Safety will apply to all North Augusta Department of Public Safety Wrecker Rotation List participants. 1. Only wrecker services on the North Augusta Department of Public Safety wrecker rotation list shall be subject to the regulations of this chapter governing fees. 2. Fees charged for rotation list calls shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. 3. A standard tow is defined as responding to the scene, hooking up the vehicle, performing a general clean up if the call involves responding to a collision scene and providing responsible assistance to the owner to get to a safe location. 4. Special operations are operations involving the process of up-righting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle and/or the recovery of a load which has spilled, or the off-loading and reloading of a load from an overturned vehicle performed to right the vehicle. (All tasks performed outside the standard tow procedures must be listed on Tow Service invoice for justification of additional fee.) 5. A copy of the approved fees will be kept in the wrecker at all times. It will be presented upon request to the person for whom the tow services were provided, his agent, any officer at the scene, or any supervisor who is inspecting the wrecker or wrecker service. 6. The North Augusta Department of Public Safety will complete a review of the fees for the North Augusta Department of Public Safety's rotation wrecker services to determine its validity and reasonableness. 7. Wrecker services may lower rates at any time and may raise rates for non-Public Safety calls at any time. 8. Maximum approved rates are set forth in wrecker rotation fee schedule and which are obtained from the SC Dept of Public Safety fee schedule. G. Wrecker rotation fee schedule. 1. Class A (Conventional) ◦ Collisions – $242.00 ◦ Special Operations – $142.00 ◦ Storage Fees – $38.00 per unit per day 2. Class B (Medium duty) ▪ Collisions – $339.00 ▪ Special Operations – $232.00 ▪ Storage Fees – $48.00 per unit per day 3. Class C (Heavy duty) ▪ Collisions – $498.00 per hour ▪ Special Operations – No Set Fee ▪ Storage Fees – $64.00 per unit per day SC Code of Law Section 56-5-5630 Notice to owners and lienholders; payment for release of vehicle; liability of lienholders; stolen vehicles. (A)(1) For purposes of this article, “vehicle" means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. "Vehicle" includes: (a) items that are towed and left in the possession of a towing, storage, garage, or repair facility; (b) contents contained in the vehicle; and (c) personal property affixed to the vehicle. Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days. (2) When an abandoned vehicle has been taken into custody, the towing company and storage facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered mail, return receipt requested, constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must: (a) give a description of the year, make, model, and identification number of the vehicle; (b) set forth the location where the vehicle is being held; (c) inform the owner and all lienholders of the right to reclaim the vehicle within thirty days beginning the day after the notice is mailed, return receipt requested, upon payment of all towing, preservation, storage charges, notification, publication, and court costs resulting from placing the vehicle in custody; and (d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle within the time provided is considered a waiver by the owner and lienholders of all rights, title, and interest in the vehicle and is considered as their consent to the sale of the vehicle at a public auction. If a vehicle has been towed pursuant to the provisions of this section, the towing company and storage facility must accept as payment for the release of the vehicle the same manner of payment that they would accept if the owner of the vehicle had requested his vehicle towed. (B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail and must have the same contents required for a notice by registered or certified mail. (C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for: (1) actual recovery and towing charges; and (2) storage costs that accrue beginning seven days after the vehicle was towed. The law enforcement agency must, within two days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will begin to accrue if the vehicle is not reclaimed within seven days of the towing date. A vehicle is considered to be stolen when the registered owner notifies a police officer and files a report which is accepted and placed on the records of the sheriff or chief of police as a stolen vehicle. The law enforcement agency that requested the tow must provide the towing company and storage facility, at no cost to the towing company and storage facility, the owner's name and address. A law enforcement agency is not liable for any costs or fees associated with the towing and storage of a vehicle as provided by this section. (D) The court may order restitution from a person convicted of stealing a vehicle to cover the costs associated with the recovery, towing, and storage of the vehicle. HISTORY: 1962 Code Section 46-490.13; 1972 (57) 2459; 1989 Act No. 159, Section 1; 2002 Act No. 195, Section 5; 2003 Act No. 71, Section 4; 2004 Act No. 269, Section 3.