TOWING SERVICE STANDARDS MANUAL - TN

Transcription

STATE OF TENNESSEEDEPARTMENT OF SAFETYAND HOMELAND SECURITYHighweaeyssPeantrolneTTOWING SERVICESTANDARDS MANUALRevisedJanuary 2017

Table of ContentsI.Purpose of Manual .2II.Declaration of Policy .2III.Definitions.3IV.Recovery, Towing, and Storage Standards .4V.Application Procedures for Inclusion and Retention on the Towing List .5VI.Towing Vehicle Requirements .10VII.Establishment of Class System and Criteria for Each Class of Towing Vehicle.11VIII.Equipment Requirements for Towing Vehicles.14IX.Insurance .15X.Towing Company’s Places of Business and Storage Facilities .16XI.Annual Inspections.17XII.Call and Notification Procedures .19XIII.Service Procedures and Zone Assignments .23XIV. Towing and Storage Rates and Liability for Payment .24XV.Complaints, Investigations, and District Captain’s Initial Finding.26XVI. Disciplinary Matrix .28XVII. Appeals and Hearings .32XVIII. Record Keeping and Audit Procedures .34XIX. AppendixCounty and District InformationApplications and Forms

I.Purpose of Manual:The purpose of this Manual is to state the policies, procedures, and standards forMembers of the Tennessee Department of Safety and Homeland Security (DOSHS) andfor towing companies in regards to towing service standards and to further ensure the safeand efficient removal, storage and safekeeping of any and all vehicles being towed byand placed into custody of such towing companies.II.Declaration of Policy:A.It shall be the policy of the DOSHS to establish a Tennessee Highway Patrol(THP) Rotating Schedule Towing List, of towing companies who meet or exceedstandards prescribed in this Manual. District Wrecker Lieutenants shall have theauthority and responsibility to ensure that inspections on towing companies areperformed on all towing companies’ equipment and facilities and to further verifythat towing companies’ drivers are qualified before authorizing inclusion on theRotating Schedule Towing List. Only towing companies passing inspection willbe placed on the Rotating Schedule Towing List. Absent a vehicle owner’srequest for a specific towing company, only those towing companies whoseequipment, drivers, procedures and services conform to the following proceduresand standards will be utilized by DOSHS. These measures ensure the followingfor the citizens, who use the roads and highways in the State of Tennessee:1.That the towing company is reputable, reliable, possesses adequateequipment, and qualified employees;2.That the towing company is properly licensed and insured; and3.That the towing company charges a fair, equitable, and reasonable rate forservices rendered.B.DOSHS shall allow any qualified, as determined by this Manual, towing companyto submit an application for inclusion on the THP Rotating Schedule Towing List.By submitting an application for inclusion on the THP Rotating Schedule TowingList, towing company agrees and understands that the policies, procedures andstandards within this Manual shall strictly govern its initial and continuinginclusion on the THP Rotating Schedule Towing List.C.As inclusion on the THP Rotating Schedule Towing List is voluntary, a towingcompany may remove its name at any time.D.Towing companies/owners/employees and/or towing vehicles may beimmediately removed from the Towing List by the District Captain for noncompliance with the requirements of this Manual until compliance is verified.E.DOSHS shall periodically review the policies, procedures and standards in thisManual and shall reserve the right to amend, as deemed necessary, any affectedpart(s). If policies, procedures and/or standards are amended, notification will bemade to all affected personnel.2

F.III.The DOSHS Commissioner shall be the final authority in all policies, proceduresand standards governed by this Towing Service Standards Manual (hereinafterreferred to as “Manual”).Definitions:A.Abandoned Vehicle/Motorist Assist Call List: A list of approved towingcompanies maintained by the DOSHS that the THP calls on a rotating basis formotorist assistance and to tow abandoned vehicles.B.Department: Tennessee Department of Safety and Homeland Security.C.District Wrecker Lieutenant: THP Lieutenant who is the primary administrator ofthe Towing List and whose primary duties, include but are not limited to,reviewing and approving applications for inclusion on the THP Rotating ScheduleTowing List, inspecting towing companies’ vehicles and equipment, respondingto questions concerning the THP Rotating Schedule Towing List, investigatingcomplaints from citizens and towing companies and making recommendations tothe Commissioner concerning complaint resolutions. In the event the DistrictWrecker Lieutenant is not available, the above responsibilities shall be the duty ofthe District Captain or a designee.D.Level I Safety Inspection: North American Standard Inspection (NAS) - Aninspection that includes examination of driver’s license; medical examiner’scertificate and Skill Performance Evaluation (SPE) Certificate (if applicable);alcohol and drugs; driver’s record of duty status as required; hours of service; seatbelt; vehicle inspection report(s) (if applicable); brake systems; coupling devices;exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps,stop lamps, turn signals and lamps/flags on projecting loads); securement ofcargo; steering mechanisms; suspensions; tires; van and open-top trailer bodies;wheels, rims and hubs; windshield wipers; emergency exits and/or electricalcables and systems in engine and battery compartments (buses), and HM/DGrequirements as applicable. HM/DG required inspection items will be inspectedby certified HM/DG inspectors.E.Level V Safety Inspection: Vehicle-Only Inspection - An inspection thatincludes each of the vehicle inspection items specified under the NAS Inspection(Level I), without a driver being present. These inspections can be conducted atany location.F.Member of the Department: Any Commissioned Officer of the DOSHS,including, but not limited to, Troopers, Commissioned Homeland SecurityOfficers, CID Agents, etc.G.THP: Tennessee Highway Patrol.H.Tennessee Highway Patrol Rotating Schedule Towing List (Hereinafter referredto as “Towing List”): A list of approved towing companies maintained by theDOSHS that the THP calls on a rotating basis to tow vehicles.3

IV.I.Towing Company: Any person, firm or corporation engaged in the business ofoffering towing service by use of a tow truck and storage facility.J.Working Days:holidays.Monday through Friday excluding official Tennessee stateRecovery, Towing, and Storage Standards:A.Per Tennessee Code Annotated (TCA) 55-16-112, a towing company shall obtainan express written authorization for towing and storage of each vehicle from a lawenforcement officer with appropriate jurisdiction or from the owner/owner’sauthorized agent of the vehicle. A violation of this statute is a Class Cmisdemeanor. For purposes of compliance with this Section, Members of theTHP will complete a Vehicle Tow-In Report/ No Tow Request Liability ReleaseReport (SF-0156) and furnish a copy to the towing company driver any time avehicle is towed at the request of a Member. Under no circumstances shallMembers directly contact towing companies to facilitate towing. ALL requestsfor towing company services shall be directed through DOSHS Dispatchers.Likewise, THP Members shall not permit other law enforcement agencies tocontact towing companies to perform services at a location where the Member isin charge. If another law enforcement agency contacts a towing company, thatlaw enforcement agency shall assume responsibility of the scene.B.The THP shall call the towing company on a rotating basis from the Towing Listin instances where the vehicle’s owner, operator or agent does not have a requestfor a specific towing company.C.The owner’s request for a specific towing company shall be honored unless:D.1.The requested towing company cannot or does not respond in a reasonabletime, as determined by a Member of the DOSHS; or2.The vehicle to be towed poses an immediate traffic hazard, as determinedby a Member of the DOSHS.A towing company specifically requested by a vehicle’s owner, operator, or agentdoes not have to be a towing company that is included on the THP RotatingSchedule Towing List. Nothing in this Section shall preclude a Member of thisDepartment from taking the appropriate enforcement action(s) against anyobserved vehicle and/or driver violation from towing companies that are notincluded on THP Rotating Schedule Towing List.For example, all towing company drivers that remove a wrecked or damagedvehicle from a highway shall remove any glass or other injurious substancedropped upon the highway from the vehicle. (TCA 55-8-170)Note: Vehicle fluids shall not be intentionally drained on the road or surroundingenvironment.4

V.Application Procedures for Inclusion and Retention on the Towing List:A.All applications and forms, which need to be completed for inclusion andretention on the Towing List, are contained in this Manual. These forms can v/safety/tnhp/cvemain.html. For initial application; EACH formmust be completed and e-mailed, mailed, faxed or hand delivered to the DistrictWrecker Lieutenant. Each year thereafter, towing companies desiring to remainon the Towing List shall resubmit ALL forms to the District Wrecker Lieutenant.The forms should be updated to reflect current information as it exists at the timeof Annual Inspection.B.Towing Company Requirements:1.Towing companies shall be registered as a Sourcing Bidder within Edison,the State of Tennessee’s Enterprise Resource Planning Solution (ERP). Itis the towing company’s responsibility to successfully complete theregistration process. If the towing company is not registered as a SourcingBidder at the time of its application for inclusion on the Towing List orloses its Sourcing Bidder status for any reason, its application shall not beapproved and/or the towing company shall not be approved to participateon the Towing List.a.Proof that the towing company is registered as a Sourcing Biddermust be kept on file by the towing company.Note: For further assistance with the registration process, towing companiesshould contact the Department of General Services’ Bidder RegistrationOffice at (615) 741-6875.2.Towing Companies shall:a.Be licensed and registered to do business in Tennessee;b.Ensure all towing vehicles listed on the Company InformationDisclosure Form (SF-1119) are titled and registered in Tennessee.c.Employ drivers that are twenty-one (21) years of age or older;except as provided in TCA 55-50-303;d.Display a highly visible sign with the towing company’s name andphone number thereon at the business site of the towing company;e.Beginning from the date it begins working with the DOSHS,maintain and provide a minimum of two (2) years oftowing/storage records for inspection by the DOSHS upon request;f.Be independent of any other towing company and not have thesame phone number(s), address, business license, storage facilities,or towing equipment, etc. as any other towing company listed onthe THP Rotating Schedule Towing List;5

g.Display the physical address and primary phone number of thetowing company on all invoices and paperwork;h.Own the towing equipment used in the performance of its towingservices;i.Ensure that all towing company drivers including owners of thetowing company possess a valid driver license.(1)j.k.Any driver who operates a class of vehicle which requires acommercial driver license, e.g., vehicles with a GVWR of26,001 lbs. or more as set forth in TCA 55-50-404, shallpossess a current commercial driver license for that class ofvehicle.Provide with the Towing Service Application (SF-1112), a DriverQualification Report (SF-1117) listing all towing company driversincluding owners of the towing company who will be required, atany time, to drive a towing vehicle.(1)The SF-1117 shall contain the full name, driver licensenumber, and date of birth of each driver.(2)The SF-1117 shall be updated each time that a new driverfor the towing company is hired and such updated list shallbe e-mailed, mailed, faxed, or hand delivered to the DistrictWrecker Lieutenant. The SF-1117 shall be updated on anannual basis and provided to the District WreckerLieutenant at the time of Annual Inspection.(3)At the time of initial application and at the time of AnnualInspection, a driver license and criminal history check willbe performed and, if any driver is found to be revoked,suspende

HM/DG required inspection items will be inspected by certified HM/DG inspectors. E. Level V Safety Inspection: - An inspection that Vehicle-Only Inspection includes each of the vehicle inspection items specified under the NAS Inspection (Level I), without a driver being present. These inspections can be conducted at any location. F. Member of the Department: Any Commissioned Officer of the .