HomeMy WebLinkAboutContracts & Agreements_96-2008_CCv0001.pdf AGREEMENT
This Tow Service Agreement sets forth the rules and regulations that a company shall
comply with to receive a rotation tow listing with the Redlands Police Department (RPD).
Participation in the RPD Rotation Tow Program is voluntary. Compliance with all of the terms and
conditions of this Tow Service Agreement is mandatory for tow companies participating in the RPD
Rotation Tow Program. An operator,by agreeing to participate in the program, is not acting as an
agent for the RPD or the City of Redlands when performing services under this Agreement. For
clarification purposes,definitions are contained in Attachment A to this Agreement. Attachment B
contains a summarized listing of California Vehicle Code(CVC)and Civil Code laws applicable to
all tow companies in the State of California. Attachment C contains a listing of tow truck equipment
specifications and equipment use requirements applicable to all RPD rotation tow operators.
Attachment D contains instructions for completing required application forms.
1. RPD ROTATION TOW
A. The RPD Field Services Division Commander shall determine the maximum
response time, enrollment period, reasonable rates, minimum number of trucks and any
applicable waiver of requirements.
I. Waiver of requirements shall be in effect no longer than six months following
the application by,and acceptance of,an operator who meets all requirements of this
Agreement. Upon expiration of the six-month period,operators who fail to meet the
minimum requirements of this Agreement shall be terminated.
2. A waiver will not be granted for requirements based upon law or safety
considerations.
11. ROTATION LISTS
A. The RPD maintains one rotation tow list for all classes of tow trucks to ensure an
equitable distribution of calls.
1. Regardless of the class of tow truck utilized or responding to the call,charges
shall not be more than for the class of vehicle towed or serviced,except when vehicle
recovery operations require a larger class of tow truck.
2. A call to an operator shall constitute one turn on the list and the operator shall
subsequently be moved to the bottom of the list. This includes when the operator
fails to answer the phone, is unable to respond, is unable to perform the required
seivice, refuses to respond or provide service, or is canceled due to excessive
response time. If it is determined that the operator is not needed and is canceled by
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the RPD, up to and including arrival at the scene, there shall be no charges and the
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operator will be placed back at the top of the list.
I. If the operator is canceled by the vehicle's owner or agent prior to the operator
taking possession of the vehicle,there shall be no charges for towing. The operator
shall immediately contact the RPD and advise the RPD of the cancellation. The
operator will then be placed back at the top of the list.
2. If service, other than towing and recovery,has begun and is canceled by the
vehicle's owner or agent, the operator may charge a minimum of one-half of the
regular hourly service charge for the time expended on the call. For purposes of
cancellation,service begins when physical work on the vehicle has begun,not at the
time of response. No lien shall arise for the service unless the operator has presented
a written statement to the vehicle's owner or agent for the signed authorization of
services to be performed.
(a) The operator shall not take possession of any vehicle to establish a
lien for any nontowing services performed, or begun and subsequently
canceled,when not entitled to such lien by law. Refer to Civil Code Section
3068.1 for when a lien begins.
C. If two or more operators are called to the same incident, distribution of the vehicles
shall be at the discretion of the RPD Incident Commander.
D. The RPD Incident Commander may direct a RPD rotation tow operator to move
vehicles to help clear a roadway or for lifesaving operations. Operators shall provide the
assistance as directed. There shall be no charge for this assistance, and the assistance
provided shall not change the operator's place in the rotation.
E. An operator shall have a full service business office and storage facility located
within the City of Redlands.
F. Operators applying for a rotation tow listing shall have a minimum of three(3)years
verifiable for-hire-towing experience, as an owner or principal,prior to the final filing date
of an enrollment period in order to qualify for a RPD rotation tow listing.
G. Ownership status will be investigated and determined by the RPD.
H. There shall be no more than two operators approved for the rotation tow listing.
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III. TOW TRUCK.CLASSIFICATIONS
A. An operator shall equip and maintain all tow truck(s)covered under this Agreement
in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the
California Code of Regulations, the specifications contained in this Agreement, and
consistent with industry standards and practices.
1. Notwithstanding CVC section 615, all tow trucks shall have recovery
capabilities,wheel lift capabilities,and a boom meeting the specifications contained
in this Agreement. For the purpose of this Agreement, "a trailer for hire that is being
used to transport a vehicle" shall not qualify as a primary tow truck for rotation tow
lists.
2. An operator who has a car carrier may be exempted from the recovery,wheel
lift, and boom capability requirements. However, the car carrier must be an
additional unit.
B. A violation of the Gross Vehicle Weight Rating (GVWR) and safe loading
requirements of a tow truck shall be cause for immediate suspension. This includes
exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating,
maximum tire weight ratings,or not maintaining 50% of the tow truck's unladen weight on
the front axle when lifting/carrying a load.
C. There will be three classes of tow trucks covered under this Agreement:
I. Class A - Light Duty
(a) An operator shall maintain a minimum of five tow trucks which has a
manufacturer's GVWR of at least 10,000 pounds. Class A equipment
specifications can be found in Attachment C of this Agreement.
1. A "trailer for hire"shall not be approved for listing as a Class
A tow truck.
2. Tow companies whose equipment had previously been
approved and continuously used on rotation for the RPD and owned
by the same operator, but do not have wheel lift capabilities, may
apply for and receive a rotation tow listing.
2. Class 13- Medium Duty
a. An operator shall maintain a minimum of one tow truck with a
GVWR of at least 19,501 pounds. The truck shall be capable of providing
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and maintaining continuous air to the towed vehicle. Class B equipment
specifications can be found in Attachment C of this Agreement.
b. Tow companies whose equipment had previously been approved and
continuously used on rotation for the RPD and owned by the same operator,
but do not have wheel lift capabilities, may apply for and receive a rotation
tow listing.
3. Class C - Heavy Duty
a. An operator shall maintain at least one three-axle tow truck with a
GVWR of at least 33,000 pounds.The truck shall be equipped with air brakes
and must be capable of providing and maintaining continuous air to the towed
vehicle. Class C equipment specifications can be found in Attachment C of
this Agreement.
b. Tow companies whose equipment had previously been approved and
continuously used on rotation for the RPD and owned by the same operator,
but do not have wheel lift capabilities and/or three-axles, may apply for and
receive a rotation tow listing.
D. To properly and safely tow and service the wide variety of vehicles being operated
on the highway, a towing procedure may require the use of auxiliary equipment specifically
designed for the purpose. This auxiliary equipment should be used when appropriate. A
listing of service and auxiliary equipment for each classification can be found in Attachment
C of this Agreement.
IV. TOW TRUCK DRIVERS
A. The operator shall ensure that tow truck drivers responding to calls initiated by the
RFD are qualified and competent employees of his/her company. The operator shall ensure
that the tow truck drivers are trained and proficient in the use of the tow truck and related
equipment, including, but not limited to, the procedures necessary for the safe towing and
recovery of the various types of vehicles serviced through RPD rotation. Tow truck drivers
shall be at least 18 years old and possess the following minimum class driver license.
1. Class A tow truck - A valid Class C license, or a valid Class A license with
valid medical certificate.
2. Class B tow truck - A valid Class C license for nonregulated vehicles, or a
valid Class A license with valid medical certificate for regulated vehicles pursuant
to CVC section 34500..
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3. Class C tow truck- A valid Class A license with valid medical certificate.
B. The Class A (1) license must be endorsed to allow operation of special vehicle
configurations and/or special cargoes (refer to Attachment B).
C. The operator shall maintain a current list of drivers.
1. The operator shall provide a current list of his/her drivers to the RPD upon
implementation of this Agreement. The operator shall notify the RFD upon any
change in driver status, including the addition of any new driver(s), or the deletion
of any driver(s). An updated list shall be provided to the RPD within seven calendar
days of any change in driver status.
2. Operators, shall as a minimum,maintain the following information for each
employee:
a. Full name.
b. Date of birth.
C. California Driver License number.
d. Copy of valid medical certificate(if required).
e. Job title/description.
f. Current home address.
g. Current home phone number.
h. Type(s) of truck(s)driver has been trained and instructed to operate.
D. All tow service employees shall be fingerprinted by the RPD. The tow operator shall
provide Department of Justice fingerprint fee as required by the RPD.
E. All tow truck operators shall have in their possession a tow truck operator's permit
issued by the Chief of Police.
V. RATES
A. Fees charged for response to calls originating from the RPD shall be reasonable and
not in excess of those rates charged for similar services provided in response to requests
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initiated by any other public agency or private person. The reasonableness of the fees
charged will be determined in the following manner:
1. The operator shall submit his/her retail hourly rate to the Field Services
Division Commander.The Field Services Division Commander shall determine the
validity and reasonableness of the submitted rates.
a. Validity will be based upon telephone quotes,posted rates,area CHP
rates and charges to retail customers. Any submitted rate in excess of an
operator's retail rate(as defined in Attachment A)will be considered invalid
and will not be accepted. An operator who submits an invalid rate shall not
be allowed to resubmit a new rate and will be disqualified from RPD rotation
tow listing until the next enrollment period.
b. Reasonableness shall be determined as compared to other rates. An
operator who submits a rate that is determined to be excessive shall be
allowed to resubmit his/her rates only once.
2. In an effort to remain competitive in the open market,the operator may lower
retail rates at any time by notifying the RPD. When an operator lowers his/her retail
rate,that retail rate becomes the new approved RPD rate. Operators may only raise
rates for RPD calls during enrollment periods or upon approval after a midterm
review. Operators may raise rates for non-RPD calls at anytime. Rates for RPD calls
shall remain at the lowest retail rate until the next enrollment period.
3. Any operator who charges rates above his/her retail hourly rates or submitted
rates for a RPD call shall be in violation of this Agreement and subject to disciplinary
action including termination of this Agreement.
B. The rate for towing shall be computed from portal to portal. Time expended shall be
charged at a rate not to exceed the hourly rate. Time expended in excess of the minimums
shall also be at the hourly rate in no more than 15 minute increments. There shall be no
additional charges for mileage and labor.
1. The operator may charge up to a thirty-minute minimum per call for base
services.
2. The operator may charge up to a one-hour minimum per call on public safety
response calls.
3. The operator may only charge a maximum of one half hour rate for the
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towing or service calls for Redlands Police Department vehicles or vehicles towed
as evidence.
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4. The operator shall base towing charges upon the class of vehicle being towed
regardless of the class of truck used,except when vehicle recovery operations require
a larger class truck.
C. Rates for a service call(out of gas, lockouts and tire changes)shall be from portal to
end of service, and may be at the hourly rate with up to a thirty-minute minimum. Charges
in excess of thirty minutes may be charged in no more than 15 minute increments
D. Fees for Special Operations..
I. For special operations involving Class B and C tow trucks,the operator shall
submit his/her proposed fees for vehicle recovery operations and load salvage
operations to the Field Services Division Commander. Fees shall be reasonable and
consistent with industry standards for similar operations. Charges in excess of thirty
minutes may be charged in no more than 15 minute increments.
a. Hourly rates shall be established for the following;
1. Auxiliary Equipment, e.g., airbags, converter gear/dolly and
additional trailers.
2. Contracted Equipment, e.g., airbags, converter gear/dolly,
additional trailers, forklifts, scooploaders, etc.
3. Contract labor.
b. The Field Services Division Commander shall determine the
reasonableness of the fees for these types of operations, based upon the
average of the proposed fees submitted and a comparison to industry
standards for similar operations.
2. Operators shall submit a mark up rate(percentage of the cost to the operator)
for retail equipment and specialized labor not otherwise listed on the application.
3. If an operator performs a service for which a required rate was not submitted
to, and approved by, the RPD, the operator shall only be entitled to charge for the
actual cost of that service. Example: contract labor rate not submitted,the operator
may only charge for the actual rate paid for the labor.
E. The total fees charged for after hours release shall be no more than one-half the
hourly rate,and shall only be allowed if there is no person on duty at the storage facility for
release and a call back is required outside normal business hours.
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F. Storage Fees.
1. The operator shall submit his/her proposed storage fees,for inside and outside
storage, to the Field Services Division Commander. The Field Services Division
Commander shall determine the reasonableness of the fees for inside and outside
storage,based upon the average of the proposed fees submitted by those applying for
rotation.
2. The operator shall display in plain view at all cashiers' stations, a sign as
described in Section 3070 of the Civil Code, disclosing all storage fees and charges
in force, including the maximum storage rate.
3. Vehicles stored up to 4 hours shall not be charged a storage fee. Vehicles
stored 24 hours or less shall be charged no more than one day storage. Each day
thereafter shall be calculated by calendar day.
4. Vehicles stored by the RPD for evidence purposes shall be charged no more
than one half normal daily rate unless approved by the Field Services Division
Commander.
5. Vehicles stored by the RPD for forfeiture shall be charged no more than three
days storage.
G. This element (Element 5, Rates) of this Agreement shall not apply if the operator
responds to a RPD call in a location where towing rates for all tow companies are
established by a city or county ordinance.
H. The approved schedule of rates charged by the operator shall be available in the tow
truck,and shall be presented upon demand to the person(s)for whom the tow services were
provided, or his/her agent, or any RPD officer at the scene.
1. Rate requirements represent the maximums an operator may charge on a RPD call.
An operator is not precluded from charging less when deemed appropriate by the operator.
These requirements shall not be construed as requiring a charge when an operator would not
normally charge for such service.
1. No operator or employee shall refer to any rate as the minimum required or
set by the RPD.
VI. COLLUSION
A. An operator and/or applicant shall not conspire,or attempt to conspire,or commit any
other act of collusion, with any other operator or applicant for the purpose of secretly, or
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otherwise, establishing an unfair understanding regarding rates or conditions to the
Agreement that would bring about any unfair condition which could be prejudicial to the
RPD, the motoring public, or other operator(s).
1. Examples of"collusion" include, but are not limited to: conspiracy by any
operator(s)to establish artificially high or low rate(s)for services performed pursuant
to this Agreement,conspiracy or attempt to circumvent the midterm review process.
B. A finding by the RPD that any operator or applicant has been involved in collusion
shall be cause for termination of this Agreement. Any operator or applicant found to be
involved in any act,or attempted act of collusion,shall be disqualified from participation on
the RPD rotation tow list for the current term, plus three years.
VII. RESPONSE TO CALLS
A. The operator shall respond to RPD calls 24 hours a day, seven days a week, within
the maximum response time as established by the Field Services Division Commander and
as specified in Element 1, of this Agreement. The operator shall respond with a tow truck
of the class required to tow the vehicle specified by the RPD. The operator shall advise RPD
dispatch,at the time of notification,if they are either unable to respond or unable to meet the
maximum response time. If,after accepting the call,the operator is unable to respond or will
be delayed in responding, the operator shall immediately notify the RPD Communications
Center. The operator shall not assign initial calls to other tow operators.
I. A failure(s) to respond and/or repeated failure(s) to meet the maximum
response time requirements shall constitute failure to comply with the terms and
conditions of this Agreement.
a. The Field Services Division Commander may take immediate
disciplinary action for any flagrant violation of the requirement to respond
within the maximum response time.
b. When an operator will be temporarily unavailable to provide services
due to a preplanned/scheduled activity,e.g.,vacation,maintenance or medical
leave,he/she shall notify the Field Services Division Commander at least 24
hours prior to the date that services will be unavailable,noting the times and
dates of the unavailability.
B. The operator, or his/her employee(s) responding to a RPD call, shall perform the
towing or service required for which he/she was called. This requirement may be waived by
the RPD Incident Commander if the requested equipment is inadequate for the service to be
performed.
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1. Any refusal to respond or to perform the required towing or service will
subject the operator to suspension, if deemed appropriate by the RPD.
C. An operator shall not respond to a RPD call assigned to another operator unless
requested to do so by the RPD.
1. There may be times when the operator assigned the initial RPD call may
require the assistance of an additional operator at the scene. The operator assigned
the initial call may, subject to prior agreement with the Field Services Division
Commander, and with the concurrence of the RPD Incident Commander, request a
specific operator to assist him/her. The request shall be routed to the additional
operator through the RPD.
2. There may be times when an operator,who was not called to a scene,comes
upon a collision scene where a vehicle or vehicles are blocking a roadway and a RPD
officer requests his/her assistance in clearing the roadway. In such a case, the
operator may be requested-to move the vehicle to a safe location, as directed by the
officer, and leave it. There shall be no charge for this assistance, and the assistance
provided shall not change the operator's place in the rotation.
D. Only the tow truck personnel and equipment requested shall respond to a RPD call.
Additional tow truck personnel and equipment shall be at the approval of the RPD Incident
Commander. This shall not preclude the operator from responding to an incident to ascertain
if additional assistance or equipment is required. There shall be no additional charge for any
personnel or equipment that is not necessary to perform the required service.
VIII. STORAGE FACILITY
A. The operator shall be responsible for the security of vehicles and property at the place
of storage. As a minimum, a fenced or enclosed area shall be provided. The operator is
responsible for the reasonable care,custody,and control of any property contained in towed
or stored vehicles.
B. The operator shall obtain approval from the RPD prior to the removal of any property
from a stored or impounded vehicle and shall provide a receipt, with a copy placed in the
stored vehicle. The requirement to obtain approval from the RPD prior to the removal of
property may be excused by the Field Services Division Commander if it is determined that
proper safeguards and procedures are utilized by the operator.
1. This requirement may not be waived in cases where a vehicle has been
impounded for evidence or investigation.
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2. Upon approval from the RPD, the operator shall release personal property
from an impounded or stored vehicle at the request of the vehicle owner or his/her
agent.
a. There shall be no charge for the release of personal property during
normal business hours. Operators may charge an after hours release fee for
property released after normal business hours. The fees charged shall be
consistent with the after hours vehicle release provisions.
b. "Personal property" are items which are not affixed to the vehicle.
1. Personal property includes. papers, transportable cellular
telephones, pull-out radios, portable radios and/or portable stereo
equipment, clothes, luggage and tools.
3. Cargo shall be released upon demand of the carrier or pursuant to a court
order.
C. The primary storage facility shall normally be at the same location as the business
address. If not at the same location, there shall be no charge for any additional distance
traveled to and from a secondary location. The vehicle and/or personal property shall be
released at the primary storage facility or place of business(when the primary storage facility
and the place of business are not at the same location)upon request of the owner or a person
having a legal entitlement to the vehicle and/or property.
I. Prior to the utilization of new storage facilities that were not listed on the
application for rotation tow listing, the operator shall obtain the Field Services
Division Commander's approval and furnish the address.
2. Secondary storage facilities shall be located within the City of Redlands,
reasonably close to the main business office.
D. Tow operators shall maintain sufficient storage spaces.
E. An operator's place of business shall have a sign that clearly identifies it to the public
as a towing service. The sign shall have letters that are clearly visible to the public from the
street. The sign shall be visible at night.
F. For the purpose of this Agreement,"normal business hours"shall be 8:40 a.m.to 6.00
p.m., Monday through Friday, except for the following state recognized holidays:
1
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1. New Year's Day, Martin Luther Ding Day, Lincoln Day, Presidents' Day,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.
2. Business hours shall be posted in plain view to the public.
3. Employees shall be properly trained to conduct business transactions related
to towing, storage and release of vehicles/property.
G. The release of vehicles shall be conducted in accordance with RPD procedures.
Ix. INSURANCE
A. The operator shall maintain the following minimum levels of insurance from an
insurance carrier admitted in California or admitted in the state in which the operator's
business is located and is authorized to do business in California:
1. Commercial Business Automobile Liability(as required by Section 16500.5
of the California Vehicle Code) - Bodily injury and property damage with a
combined single limit of not less than $500,000 for Class A tow trucks. The
combined limits for Classes B, C, and D shall not be less than $1,000,000. These
minimum standards are to include non-owned and hired auto coverage.
2. Uninsured Motorist- Legal minimum, combined single limit.
3. On-Hook Coverage-Insuring the vehicle in tow with limits based on the size
of the tow truck.
a. Class A tow truck $25,000
b. Class B tow truck $50,000
C. Class C tow truck $100,000
d. Class D tow truck $100,000
4. Garage Liability - Includes premises and operations. Coverage for bodily
injury and property damage with a combined single limit of not less than$500,000.
5. Garage Keepers Liability-Shall be the same minimum as on-hook coverage
for vehicles in the care, custody, and control of the operator in the storage yard.
6. Workers' Compensation Insurance Legal minimum requirement.
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B. Proof of insurance shall be in the form of a certificate of insurance. Policy expiration
or cancellation shall result in the immediate termination of this Agreement. The operator's
insurance policy shall provide for the immediate notification to the RPD in the event that the
insurance policy has expired or is canceled. Additionally, the operator shall notify the RPD
in advance of the expiration or cancellation of the operator's insurance policy.
X. INSPECTIONS
A. The RPD shall provide for not less than one annual inspection of all tow trucks at no
charge to the operator. The RPD may conduct additional inspections without notice during
normal business hours. The operator shall not dispatch a tow truck(to a RPD call) that has
not been inspected and approved by the RPD. The RPD shall inspect a tow truck within
thirty days of a request from an operator.
I. Any operator who fails an inspection by RPD or the CHF is entitled to only
one reinspection. Failure to pass the reinspection shall be cause for the
disqualification of the tow truck from use on RPD rotation. The tow truck shall be
disqualified until the next enrollment period.
XI. BUSINESS RECORDS
A. The operator shall maintain records, at his/her place of business, of tow services
furnished.
1. Invoices shall at a minimum include a description of vehicle(s), nature of
service, start time, end time, location of call and itemized costs of towing and
storage. Release information shall include date and time of release and shall include
a copy of the RPD release authorization.
2. Records for each call shall indicate the tow truck driver's name and track
used.
B. The operator shall also maintain business records relating to personnel, insurance,
personnel taxes,payroll,applicable operating authorities,local operating authorities,lien sale
actions, FCC licensing, and non-RPD tows.
C. The RPD may inspect all operator records without notice during normal business
hours.
D. Operators shall permit the RPD to make copies of business records at their place of
business, or to remove business records for the purpose of reproduction.
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1. The RPD shall provide a receipt for any(original)records removed from the
place of business.
E. Records shall be maintained and available for inspection for a period of two years
plus the current term of this Agreement.
F. Failure of the operator to comply with the inspection requirements shall be cause for
suspension, if deemed appropriate by the RPD.
XII. FINANCIAL INTEREST
A. No operator or applicant shall be directly involved in the towing related business of
any other operator or applicant within the City of Redlands. "Directly involved" shall mean
anything in common between operators or applicants with regards to any of the following:
1)business licenses, ?) insurance; 3)tow truck or equipment ownership; and 4)employees.
B. Storage facilities owned by an operator,and shared with another operator,shall only
be approved if the owner/operator charges for the space exclusively on a flat monthly rate
rather than a vehicle-by-vehicle basis, or combination thereof.
I. Facilities shared by operators shall be physically separated and secured from
each other. Field Services Division Commanders may delete this requirement if
deemed appropriate.
C. The sale or transfer of the controlling interest in a company shall immediately
terminate an Agreement. The new owner(s)may apply for a rotation tow listing at any time
during the remainder of the current Agreement term, regardless of the enrollment period.
D. A terminated or suspended operator and the tow business he/she owned at the time
of his/her suspension or termination shall not be eligible for a rotation listing for the duration
of the suspension or termination.
1. This provision applies to the operator working in any capacity within any tow
business, or operating any tow business, and to the tow business, even if operated
under new ownership.
E. Any violation of this element is cause for suspension, if deemed appropriate by the
RPD.
XIII. ANNUAL MEETINGS
A. The Field Services Division Commander may conduct, at a minimum, one annual
meeting to discuss issues concerning the tow rotation. Attendance shall be mandatory at all
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meetings for the operator or his/her designee wishing to remain on rotation. The RPD shall
give the operator 34 days written notice of any such meetings.
XIV. DEMEANOR AND CONDUCT
A. While involved in RPD rotation tow operations or related business, the operator
and/or his/her employee(s)shall refrain from any act(s)of misconduct,to include,but not be
limited to, any of the following:
1. Rude or discourteous behavior.
2. Lack of service, selective service or refusal to provide service which the
operator is/should be capable of performing.
3. Any act of sexual harassment or sexual impropriety.
4. Unsafe driving practices.
5. Exhibiting any objective symptoms of alcohol and/or drug use.
6. Appearing at the scene of a RPD rotation tow call with the odor of an
alcoholic beverage emitting from his/her breath.
1. The operator/tow truck driver shall submit to a preliminary alcohol
screening test upon demand of the RPD.
B. All RPD related tow service complaints received by the RPD against the operator or
his/her employee(s) will be accepted and investigated in a fair and impartial manner. As a
result of the investigation, the RPD may initiate disciplinary action as deemed appropriate.
In any event, the operator will be notified of the results of any investigation.
C. Should the filing of criminal charges be a possibility, the RPD will conduct the
investigation to conclusion or assist the lead investigating agency and,if warranted,request
prosecution.
D. Any violation of this element is cause for suspension, if deemed appropriate by the
RPD.
XV. COMPLIANCE WITH LAW
A. The operator and his/her employees shall,at all times,comply with federal,state,and
local laws and ordinances, which include, but are not limited to, those laws which are
applicable to the operator(refer to Attachment B for selected Vehicle Cotte and Civil Code
Sections).
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I. In the event of a minor traffic violation(s) by the tow truck driver(s) which
is/are known by the RPD, the operator shall be advised of the violation(s) by the
RPD. The operator will be granted the opportunity to take necessary steps to ensure
that his/her driver(s) drive(s) in compliance with law. Any subsequent traffic
violation(s) may be cause for disciplinary action against the operator and/or the
involved employee(s).
2. Any flagrant traffic violation(s) may be cause for immediate disciplinary
action against the operator and/or the involved employee(s).
B. The provisions contained in Element 15,Compliance with Law,do not preclude the
RPD from taking appropriate enforcement or administrative action for any violations of law.
C. Any conviction of the operator involving a stolen or embezzled vehicle,fraud related
to the towing business, stolen or embezzled property, a crime of violence, a drug related
offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor
driving while under the influence of alcohol and/or a drug while involved in a RPD rotation
tow call, or moral turpitude shall be cause for denial of application or termination of this
Agreement.
D. Any conviction of an employee involving a stolen or embezzled vehicle,fraud related
to the towing business, stolen or embezzled property, a crime of violence, a drug related
offense, felony driving while under the influence of alcohol and/or a drug, misdemeanor
driving while under the influence of alcohol and/or a drug while involved in a RPD rotation
tow call, or moral turpitude shall be cause for the removal of the employee from the list of
current RPD rotation tow truck drivers.
E. An operator,or employee,arrested/charged for a violation involving any of the above
crimes may be suspended until the case is adjudicated.
XVI. COMPLIANCE WITH AGREEMENT
A. The operator agrees, as a condition of inclusion on the rotation tow list, to comply
with the terms and conditions of this Agreement. Furthermore, the operator agrees that
failure by the operator or his/her agents to comply with these terms and conditions shall be
cause for written reprimand, suspension, or termination from the RPD rotation tow list(s).
Alleged violations of this Agreement will be investigated by the RPD. The operator will be
notified of the RPD"s findings within 30 days of the conclusion of the investigation.
6-2008 16
XVII. DISCIPLINARY ACTION
A. The Field Services Division Commander may tape disciplinary action against
operators for violations of this agreement. The Field Services Division Commander shall
retain discretion regarding the length of any suspension imposed pursuant to the terms and
conditions of this Agreement.
B. Records of violations shall be retained by the RPD for at least 36 months.
C. The following major violations shall be cause for immediate suspension:
1. A violation of the equipment requirements related to safety.
2. A violation of the GVWR and safe loading requirements of a tow truck This
includes exceeding the tow truck's GV WR,front axle weight rating,rear axle
weight rating, maximum tire weight ratings, or not maintaining 50% of the
tow truck's unladen weight on the front axle when lifting/carrying a load.
3. A violation of overcharging.
4. A violation of the Redlands Police Department or CHP Biennial Inspection
of Terminals(BIT)Program requirements.Any unsatisfactory rating shall be
cause for immediate suspension.
5. Failure of the operator to satisfy a court order mandating reimbursement to
the vehicle or property owner for the damage or loss which occurred while
the vehicle was in his/her custody.
6. Failure of the operator to comply with the inspection requirements of this
Agreement.
7. Failure of the operator to provide the monthly report, or to pay program or
release fees as required by this Agreement.
& Failure of the operator to maintain the minimum insurance requirements set
forth in the Agreement.
D. The suspension for the above violations shall remain in effect until the period of
suspension imposed is completed, and any and all violation(s)have been corrected and it is
confirmed by the RPD that the operator is in full compliance with this Agreement.
E. Failure of the operator or employee to comply with Element 14, Demeanor and
Conduct,and/or Element 15,Compliance with Law,may be cause for suspension if deemed
appropriate by the Field Services Division Commander.
1. Minor traffic violations may be considered as minor violations of this
Agreement.
2. A tow truck driver, not under the immediate observation of the operator,
while on-duty and driving a tow truck, who is arrested and subsequently convicted
for misdemeanor driving under the influence of alcohol and/or drugs,will be subject
6-2008 17
to suspension from participating as a tow truck driver under the provisions of this
Agreement. The length of suspension will be at the Field Services Division
Commander's discretion.
F. There shall be no approval of equipment that is not in compliance with the equipment
specifications contained in this Agreement at the time of reinstatement. Elements of this
Agreement which are commonly referred to as "grandfather clauses" shall no longer apply
to the operator who is suspended for one year or more.
G. Major Violations. Violations of the terms and conditions of this Agreement that are
subject to suspension for the first violation are categorized as major violations. Any
subsequent or continuing major violations shall be cause for termination.
I. Termination shall be invoked if, in the RPD's judgment, continued
participation in the Rotation Tow Program by the affected tow operator may result
in a hazard to public safety and/or welfare, or the operator has been convicted of a
crime listed in Element 15C.
2. In lieu of termination,the RPD may impose additional suspensions for longer
periods, if deemed appropriate.
H. Minor Violations. Except as specifically stated in this Agreement,minor violations
of the terms and conditions of this Agreement may be cause for disciplinary action in the
following mariner.
1. 1 st violation in 1.2 months - letter of written reprimand.
2. 2nd violation in 12 months - 30 day suspension.
3. 3rd violation in 12 months - 60 to 90 day suspension.
4. 4th violation in 12 months - termination of this Agreement.
a. In lieu of a termination,the RFD may impose additional suspensions
for longer periods, if deemed appropriate.
L Nothing herein shall be deemed to prohibit the RPD from immediately suspending
any operator whose conduct, or that of his/her employee(s), in the discretion of the Field
Services Division Commander, is deemed to be a danger to the motoring public or who has
engaged in conduct constituting a flagrant violation of an RPD Tow Service Agreement.
6-2008 18
XVIII. DISCIPLINE PROCESS AND APPEALS
A. Operators in minor violation shall be notified in writing of the violation by the Field
Services Division Commander. The notice of violation shall be mailed to the operator at the
address supplied in the Operator Approval portion of this Agreement.
B. Operators in major violation or facing suspension/termination shall be notified in
writing of the violation by the Field Services Division Commander. The notice of violation
shall be delivered to the operator at the address supplied in the Operator Approval portion
of this Agreement.A confirmation notice of violation shall be mailed to the operator at the
address supplied in the Operator Approval portion of this Agreement. Except where public
safety may be in jeopardy, immediate suspension shall not be in effect until a notice of
violation is delivered to the operator.Service is deemed complete when a notice of violation
is delivered to the operator or employee of the operator.
C. In the event the RPD serves the operator with a written reprimand or suspension,the
operator may request a hearing within seven calendar days by submitting a request in writing
to the Field Services Division Commander. If a hearing is requested,it shall be held as soon
as practicable. The hearing shall be conducted by the Field Services Division Commander
or his/her designee and the operator shall be entitled to present all relevant facts and
circumstances in support of his/her position. The operator shall be further entitled to present
testimony of at least one representative of a tow truck association or other qualified person.
The operator shall be notified in writing of the decision of the Field Services Division
Commander, within ten business days of the date of the hearing.
D. Following a hearing, if the operator is dissatisfied with the Field Services Division
Commander's decision,the operator may request an appeal by submitting a request in writing
to the RPD Division commander within seven calendar days. If an appeal is requested, it
shall be held as soon as practicable. The appeal shall be conducted by the Chief of Police
or his/her designee. The operator shall be notified in writing of the decision of the Chief of
Police within ten business days of the date of the appeal. The Chief of Police's decision shall
be subject to no further administrative appeal.
E. A suspension shall not take effect until the hearing and appeal process has been
exhausted, with the exception of operators whose conduct is deemed to be a danger to the
motoring public or whose conduct grossly violates the terms and conditions of this
Agreement. If an operator fails to request a hearing or appeal within the specified time or
fails to appear at a scheduled hearing or appeal,the action taken by the RPD Field Services
Division Commander or Chief of Police shall be final and the suspension shall take effect
upon written notification to the operator by the Field.Services Division Commander.
6-2008 19
XIX. MIDTERM REVIEW OF THE TERMS AND CONDITIONS
A. The purpose of this section is to provide a process for a midterm review of the terms
and conditions of the Agreement in the event that there is a legitimate and substantial change
in conditions or law affecting the majority of the operators within the City or the RPD.
Examples of conditions may include, but not be limited to:
1. Substantial increase or decrease in business expenses.
2. Advances in technology in the industry related to safety issues.
3. Changes in law requiring the RPD or the operators to perform specific
functions or operations in order to comply.
4. Changes in the terms and conditions of this Agreement brought about as a
result of recommendations from the Field Services Division Commander and
approved by the Chief of Police or his/her designee.
5. Proposed changes to the terms and conditions agreed upon by the Field
Services Division Commander and the operators at the time that the Agreement was
signed (e.g., response times).
B. A midterm review of the terms and conditions of the Agreement may only be granted
by the Chief of Police.
1. A request for a midterm review of the terms and conditions of this Agreement
shall be communicated to the Field Services Division Commander in writing, from
a representative(s) of the towing industry, not merely at the request of a single
operator. The Field Services Division Commander may also request a midterm
review if he/she feels it is in the best interests of the motoring public, the tow
industry,and/or the Department. The Field Services Division Commander will route
all legitimate requests for midterm review with all pertinent information, through
channels, to the Office of the Chief of Police.
2. Conditions indicating a need for midterm review must be substantial and must
affect the entire towing industry or the RPD.
a. For purposes of this Agreement, the midterm review process is not
intended to provide relief for a single operator who wishes to increase their
rates,or change any other term or condition of this Agreement,to compensate
for financial problems brought about as a result of business decisions or
conditions which affect a small percentage of the industry.
6-2008 20
3. A request for review will not be processed if there are 60 days or less
remaining in the term of this Agreement.
C. A midterm review,when granted by the Chief of Police or his/her designee,will not
automatically authorize a change in the terms and conditions of the Agreement. If a midterm
review is announced by the Chief of Police,or his/her designee,it is the responsibility of the
Field Services Division.Commander to conduct a review of the conditions which initially
caused the request to be communicated and to determine if the change is justified.
1. The Field Services Division Commander, after completing the review of all
pertinent issues, may authorize the operators to submit their proposed changes or
he/she may notify the operators of the changes to be implemented and direct them to
comply with those changes. If, after evaluating all pertinent information, the Field
Services Division Commander authorizes or directs a change in the terms and
conditions of the Agreement,or if he/she decides that a change is not justified,he/she
shall notify the towing industry representative within 14 calendar days of the date of
the Chief of Police's announcement authorizing the midterm review.
a. Operators shall resubmit their proposed changes in writing to the
Field Services Division Commander within seven calendar days of the date
that the Field Services Division Commander announces his/her decision.
Failure to resubmit a written proposal within the specified time may result in
the operator forfeiting his/her ability to propose more equitable conditions or
rates, or may be cause for disciplinary action or termination of the
Agreement.
I. If the proposed change affects tow rates only,operators shall
resubmit their proposed rates on a new application(CHP 234A). The
new application shall contain only the information pertinent to the
rate proposals. When received by the Police Department, the new
application will be attached to the original application for the current
term.
2. The Field Services Division Commander shall determine the
reasonableness of the rate, based upon the average of the proposed
rates submitted. An additional page with the new rate(s) shall be
signed and attached to the original.
2. In the event that the towing industry representative(s) is/are dissatisfied with
the Field Services Division Commander's decision, the towing industry, through its
representative(s), may request an appeal by submitting a request in writing to the
Chief of Police within seven calendar days. If an appeal is requested, it shall be
conducted by the Chief of Police, or his/her designee, as soon as practicable. The
6-2008 21
number of representatives at the appeal shall be limited to a maximum of two. A
designated representative shall be notified in writing of the decision of the Chief of
Police within seven calendar days of the date of the hearing.
3. In the event that the Field Services Division Commander's decision is to
direct the operators to resubmit rates which are more reasonable than the current
rates, the new rate application process shall not be initiated until the hearing and
appeal process is exhausted. If the towing industry,or its representative(s),fail(s)to
request a hearing or appeal within the specified time, or fail(s) to appear at a
scheduled hearing or appeal,the decision of the Field Services Division Commander
shall be final, and the new rate application process shall begin.
4. In the event that the Field Services Division Commander's decision is to
direct the operators to comply with a change to any other term or condition of the
Agreement,e.g.,change in response times,the new terms and conditions shall not be
initiated until the hearing and appeal process is exhausted. If the towing industry,or
its representative(s), fail(s)to request a hearing or appeal within the specified time,
or fail(s)to appear at a scheduled hearing or appeal,the decision of the Field Services
Division Commander shall be final,and the new rate application process shall begin.
XX. ADVERTISING
A. The operator shall not display any sign or engage in any advertisement 'indicating an
official or unofficial connection with the RPD or the Department of Motor Vehicles.
1. Examples include,"Official RPD Tow,""Approved by RPD,"„RPD Rotation
Tow," and "Police Tow".
2. This will not preclude the Field Services Division Commander from
implementing a system to mark and identify a particular tow truck as having passed
the RPD inspection.
B. Any violation of this element is cause for suspension. At a minimum,the suspension
should be for the duration of the advertisement.
XXI. STORAGE
The operator shall maintain available space of adequate area to store and protect disabled
vehicles. Such storage space will meet the following standards.
1. Storage lots shall be a minimum area of 60,000 square feet and shall accommodate
a minimum of 200 vehicles. Such lots shall be properly fenced in accordance with the
zoning and building requirements of the City and be screened from all public rights-of-way,
6.2008 22
and be at least six feet in height. Lots must be equipped as to provide adequate lighting
during the hours of darkness, and further will be provided with facilities for locking or
otherwise securing the same. Lots should be so located as to be under constant surveillance
of the operator and located in an area subject to police patrol.
2. Vehicles requiring special handling for investigation, i.e., fingerprinting,
photographing, searching, etc., must be under roof, in a building capable of being secured.
Such vehicles will not be moved or touched after storage therein without the consent of the
Redlands Police Department Investigating Officer.
3. When it is necessary to remove vehicles other than those in subsection 2 of this
section to other storage facilities to make space available for current impounds, the Police
Department shall be notified in writing within twenty-four hours of the new location of such
vehicles. The new location will meet the requirements established in this chapter.
XXII. RECORD OF IMPOUNDMENT AND STORAGE
The tow service and storage garage grantee shall keep records of all vehicles ordered
impounded and stored by the Redlands Police Department, at his place of business. Such records
shall be available to members of the Redlands Police Department and to any other person specifically
authorized in writing by the Redlands City Manager.
A. Records shall include, but not be limited to:
I. CHP Form 180 Report of Impounded Vehicles;
2. CHP Form 126 Report of Notification of Impound;
3. City Police Department vehicle release order;
4. Copies of registered letters to vehicle owners;
5. Inventory lists of personal property in impounded and stored vehicles;
6. Charge sheets listing tow charges and storage fees against each individual
vehicle, and when possible will contain the owner's release(signature).
B. The Records listed in subsection A of this section will be maintained in jacket files
by date of impound or storage and readily available for the police officer in charge
of the investigation,or responsible members of the California Highway Patrol or by
any person specifically authorized in writing by the City Manager.
XXIII. WRITTEN PERMISSION REQUIRED TO DO SERVICE OR WORK.
The tow service and storage garage operator shall not perform any service or work upon any
police impound in his possession without first obtaining written permission from the vehicle owner
or his agent. No work or contract will be entered into between the tow service and storage garage
b-2008 23
operator and the vehicle owner or his agent until the vehicle has been released in writing by the
Redlands Police Department.
XXIV. WEEKLY REPORT OF VEHICLES IN STORAGE
The tow service and storage garage operator shall render a report each week to the Redlands
Police Department listing the vehicles remaining in storage. Report shall specify the period of time
of storage of the vehicle without being claimed by the owner.
XXV. PROGRAM FEES
A. The operator shall pay the following fees to the City in connection with the operator's
participation in the rotational tow program:
1. For all Impounded Vehicles $75 program fee
B. No program fees shall be charged for vehicles towed for Police Department evidence
purposes.
C. The tow service and storage garage operator shall render a report each month to the
Redlands Police Department listing the vehicles towed. The report shall be on a form
specified by the Redlands Police Department and will accompany the required program fees
for that month. The report shall cover the previous calendar month and shall be provided
within 15 working days.
XXVI. CANCELLATION
This Agreement may be canceled by either party,without cause by giving ten(10)days prior
written notice to the other party.
6-7008 24
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I. OPERATOR APPROVAL
I certify that I have read and understand this Tow Service Agreement and agree to abide by
all provisions. I further agree to indemnify, defend and save harmless the City of Redlands and its
elected officials, officers, agents and employees from any and all claims and losses accruing or
resulting to the operator in connection with the performance of this Agreement, and from any and
all claims and losses accruing or resulting to any person, firm, or corporation who may be injured
or damaged by the operator in the performance of this Agreement. The operator,and the agents and
employees of the operator, in the performance of this Agreement, shall act in an independent
capacity and not as officers or employees or agents of the State of California.
OPERATOR APPROVAL
Signature w Typed Name
Y
Company Title Date
Business Address Phone Number
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fr
1
Ja es . Bueermann Jo Harrison
Chie of Police ayor
ATTEST:
1,
Lor 'e Poyzr/, Cty Clerk
6-?008 25
- ---------
ATTACHMENT "All
DEFINITIONS
APPEAL
The final level of review for written reprimands, suspensions, terminations, or review of an
Field Services Division Commander's decision regarding the midterm review process. An informal
review conducted by the Division commander,or his/her designee,at which an operator may present
evidence or witnesses to show that an action taken by the Field Services Division Commander was
improper, or to mitigate the action taken.
BASE SERVICES
Any service or tow which is performed when the vehicle operator or agent is present and the
vehicle is not stored at the direction of an officer.
CHIEF OF POLICE
The Chief of Police of the Redlands Police Department.
CHP
The Department of the California Highway Patrol.
ENROLLMENT PERIOD
The period of time when a tow company may submit an application for inclusion on the
rotation tow list. The enrollment period may be continuous throughout the year,but must be at least
once annually. The enrollment period will be open at least 30 days a year and is determined by the
RPD.
FIELD SERVICES DIVISION COMMANDER
in-charge of the Redl-ands-Poli-ce-Department-Fietd--ServiceTDivision-.----
I
INCIDENT COMMANDER
The uniformed RPD member present at the incident who has scene management
responsibilities.
LOAD SALVAGE OPERATIONS
,Any operation involving the recovery of a load which has been spilled,or the off-loading and
reloading of a load from an overturned vehicle performed in order to upright the vehicle. This will
be limited to operations involving Class B, and C tow trucks.
NOTICE
All notices relating to this Agreement shall be in writing and delivered to the other party in
person,via FAX, or by US mail.
OFFICE OF THE CHIEF OF POLICE
Chief of Police or Deputy Chief of Police.
OPERATOR
A tow service which has been issued a Letter of Authorization, has signed the Tow Service
Agreement, and is approved to receive RPD referred calls. The term "operator" refers to the
company, its owner(s), and its manager(s) who have authority to enter into an Agreement with the
RPD for towing services and to conduct business in accordance with the terms of this Agreement,
and its employees.
PARTY OF INTEREST
Refers to the registered owner of the vehicle, or his/her agent. An agent is a party who may
lawfully act on behalf of the registered or legal owner of the vehicle.
PORTAL TO PORTAL
Service shall start at the time of departure from the place of business or point of dispatch,
whichever is closer to the location of the call, and shall end at the estimated time of return to the
2
place of business or the completion of the call, if another call is pending, whichever is shorter.
Return to place of business includes a reasonable and verifiable amount of time required to place the
tow truck back into service when unusual circumstances require additional time that are not part of
normal operating procedures. (Examples: 1)4 X 4 recovery in the mud: reasonable to charge for
cleaning mud from truck and equipment,
2)burned car on car carrier: reasonable to charge for cleaning burn debris from carrier bed, 3)car
towed from side of road on misty night and leaves mud track on bed of carrier: not reasonable to
charge for cleaning of carrier bed.) For the purpose of this Agreement, "Portal to Portal."shall also
mean "Portal to End of Service."
POSSESSION
Pursuant to Section 3068 of the Civil Code,possession is deemed to arise when the vehicle
is removed and is in transit.
PUBLIC SAFETY RESPONSE
A response which results in a storage of a vehicle at the direction of an officer. This does not
include a storage at the request of the vehicle operator, registered owner, or agent.
REPRESENTATIVE
A person or group of persons appointed by the operators within the City of Redlands,
designated to represent their interests to the Field Services Division Commander.
RESPONSE TIME
The period of time from an operator's notification by a RPD Communications Center of a call
to the arrival of the tow truck at the location requested.
RFD
Redlands Police Department
RETAIL RATE
The usual customary retail rate charged by an operator to individual retail customers. This is
the competitive rate a company has posted in the office and quotes over the phone.
3
SUSPENSION
Removal of an operator from the RPD rotation tow list for a specified period of time.
Suspensions may be for periods longer than the current term of the Agreement.
TERMINATION
Permanent removal of a tow operator from the RPD rotation tow list for the remainder of the
term of the Tow Service Agreement and disqualification from any further participation in the
Department's Rotation Tow Program.
TOW TRUCK
A tow truck as defined in Section 615 of the California Vehicle Code. Also includes slide
back carvers and wheel lift vehicles.
TOW SERVICE AGREEMENT
A document which sets forth the terms and conditions of an Agreement between the operator
and the Field Services Division Commander representing the RPD.
VEHICLE RECOVERY OPERATION
An operation involving the process of uprighting 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. This will normally be limited to operations requiring a Class B or C tow
trucks).
WAIVER OF REQUIREMENTS
Provides for temporary relief from selected terms and conditions of the Tow Service
Agreement.
WRITTEN REPRIMAND
A written notice to an operator which specifies any violation(s)of the Tow Service Agreement,
orders corrective action, and warns of further action(s)to be taken if corrective action is not taken.
3095aLE 4
; sem
ATTACHMENT "B"
Applicable California Vehicle Code and Civil Code Laws
Dote: The laws which govern a tow operator's business and vehicle operations are
included in, but not limited to,this Attachment. The list of laws included herein is
intended as a general guide only. It is the tow operator's responsibility to know and
comply with all federal and state statutes and all local ordinances relating to his/her
business operations; including those which are and are not listed in this document,
any new statutes or ordinances subsequently adopted, as well as, amendments,
repeals,or modifications of existing statues and ordinances including but not limited
to those described in this attachment.
GENERAL
The operator shall be able to properly conduct a lien sale as outlined in Division 11,Chapter
10, Article 2, beginning with Section 22851 of the California Vehicle Code(CVC).
The operator and/or his/her agents, who drive tow trucks, shall be properly licensed in
accordance with Section 12804.9 of the California Vehicle Code.
Commercial driver licenses must be endorsed to allow operation of special vehicle
configurations and/or special cargoes. The following table shows the correct license class and
endorsement for the vehicle or cargo being transported:
Vehicle Type or Cargo Class License Endorsement
Code
Pulling more than one trailer A T
Transporting assen er for hire A or B P
Tank vehicle A or B N
Hazardous materials A, B, or C H
Tank vehicle with hazardous materials A, B, or C X
Tow truck drivers shall have the proper class of license and endorsements)for the vehicle and
cargo being transported, as shown above.
1, Whenever tank vehicles, double trailers, and/or hazardous materials carriers are towed or
driven,the driver is required to possess the appropriate class of license and endorsement.
3095bLE
2. Empty buses can be towed without the passenger transport endorsement, but the tow truck
driver must have the passenger transport endorsement if the bus is driven by him/her,even without
passengers.
A. The actual driving of damaged vehicles or vehicles being serviced requires that the
Class A license not be restricted to towing vehicles.
3. Commercial vehicle operators or operators of vehicles requiring a special certificate must
possess both the appropriate license and certificate,and be in possession of a valid medical card.
A. The operator shall comply with the provisions contained in Division 4, Chapter 2
(Reports of Stored Vehicles)of the California Vehicle Code.
B.. The operator shall comply with the provisions of Section 10854 of the California
Vehicle Code.
C. The operator shall comply with the provisions of Section 12110 of the California
Vehicle Code.
D. The operator shall comply with the provisions of Division 11,Chapter 9,relating to
stopping, standing, or parking, and Chapter 10, relating to the removal and disposition of
vehicles.
E. Tow trucks shall comply with appropriate lighting and equipment requirements for
motor vehicles as contained in the California Vehicle Code.
F. Tow trucks towing disabled legal vehicles or legal combination of vehicles shall
comply with the vehicle size and weight limitations contained in Division 15 of the
California Vehicle Code.
1. Tow operators may obtain transportation pen-nits, which allow specific
variances on these vehicle length and weight limitations, through the California
Department of Transportation or local authorities with respect to highways under
their respective jurisdictions.
a. The California Department of Transportation issues permits to
requesting operators on an annual basis.The permit allows the movement of
disabled legal vehicles under the following conditions:
1. Disabled legal vehicles or legal combination of vehicles may
be towed on state highways to the nearest appropriate place of repair,
3095KE 2
or nearest secure storage area that is appropriate for the vehicle or
load,whichever is closest and most accessible. It is not the intent of
this permit to allow these combinations to be towed to their ultimate
destination for convenience, unless that destination meets the
foregoing criteria.
2. Disabled legal vehicles or combination of vehicles, when
connected to a tow truck,may exceed legal gross weight limitations.
When one end of a truck or truck tractor of legal weight is elevated
by a tow truck,the drive axles,the tow truck and/or the drive axle(s)
of the disabled vehicle may exceed legal axle or axle group weight
limitations. If any axle or axle group exceeds legal weight,
movement will be limited to specific routes.
b. Disabled vehicles or combination of vehicles whose movement is
authorized by a transportation permit, or any disabled vehicle or any
combination of vehicles which, because of damage, has incurred distortion
in width or height, causing the vehicle to be in excess of legal dimensions,
may be moved at the direction of a peace officer or single trip permit issued
by the California Department of Transportation.
C. The driver of a tow truck, operating under a transportation permit,
shall comply with all the terms and conditions of the permit.
G. The operator shall comply with the provisions of Sections 3068 through 3074 of the
California Civil Code.
H. The operator shall comply with Sections 182, 470, and 532 of the California Penal
Code, relating to fraud, and conspiracy to commit fraud.
1. The operator shall comply with the provisions of Sections 17200 and 17500 of the
California Business and Professions Code, relating to fraudulent or unfair business
practices, or false or misleading statements.
1. Specific California Vehicle Code Requirements Relating to Tow Trucks
A. Summarized California Vehicle Code Provisions
1. Unlawful Advertising(25). "It is unlawful for any person to display any sign,
Mark,or advertisement indicating an official-connection with either the Department
of Motor Vehicles or the Department of California Highway Patrol unless such
person has lawful authority,permission, or right to make such display."
3095bLE 3
2. Tow Truck (615). "(a) A 'Tow Truck' is a motor vehicle which has been
altered or designed and equipped for and primarily used in the business of towing
vehicles by means of a crane, hoist, tow bar, tow line, or dolly or is otherwise
exclusively used to render assistance to other vehicles. A "roll-back carrier"
designed to carry up to two vehicles is also a tow truck. A trailer for hire that is
being used to transport a vehicle is a tow truck. 'Tow truck' does not include an
automobile dismantlers' vehicle."
NOTE: A vehicle which is not exclusively used in the business of towing vehicles
nor used to render assistance to other vehicles is not a"tow truck" as defined above
and need not comply with the requirements of the California Vehicle Code Sections
cited in this attachment. Such a vehicle shall not be equipped with the flashing
amber warning lights permitted on"tow trucks,"and is not entitled to special parking
privileges under Section 22513.
3. Portable Dolly (4014). "Any portable or collapsible dolly carried in a tow
truck or in a truck used by an automobile dismantler and used upon a highway
exclusively for towing disabled vehicles is exempt from registration."
4. License Plates (5201). "(a) The rear license plate on a tow truck may be
mounted on the left-hand side of the mast assembly at the rear of the cab of the
vehicle, not less than 12 inches nor more than 90 inches from the ground."
5. Tow Service Unlawful Acts(12110). "(a)Except as provided in subdivision
(b), no towing service shall provide and no person or public entity shall accept any
direct or indirect commission, gift, or any compensation whatever from a towing
service in consideration of arranging or requesting the services of a tow truck. As
used in this section, "arranging" does not include the activities of employees or
principals of a provider of towing services in responding to a request for towing
services."
6. Stopping or Parking(22513). Section 22513 prohibits a tow truck operator
or owner from stopping at the scene of an accident or near a disabled vehicle for the
purpose of soliciting an engagement for services, or furnishing any towing services
unless summoned to that accident scene or disabled vehicle,or flagged down by the
owner or operator of the disabled vehicle or by a peace officer. The tow truck driver
or owner is also prohibited from removing any vehicle from a highway or public
property,without the express written authorization ofthe vehicle's owner or operator,
or a law enforcement officer or agency,when the vehicle has been left unattended or
when there is an injury as a result of an accident.
--.--_---- ---------- - Stopping on Freeway(22520); "No person shall stop,park,or leave standing
any vehicle upon a freeway which has full control of access and no crossings
at grade except:
3095b 4
(a) When necessary to avoid injury or damage to persons or property.
(b) When required by law or in obedience to a peace officer or official
traffic control device.
(c) Any person actually engaged in maintenance or construction on
freeway property or any employee of public agency actually engaged in the
performance of official duties.
(d) Any vehicle which is so disabled that it is impossible to avoid
temporarily stopping and any vehicle which has been summoned to render
assistance to a vehicle or person, including a vehicle owned by the donor of
free emergency assistance, which has been summoned by display upon or
within a disabled vehicle of a placard or sign given to the driver of the
disabled vehicle by the donor for the specific purpose of summoning
assistance,other than towing service, from the donor.
(e) In locations where stopping, standing or parking is specifically
permitted; provided, however, that buses may not stop on freeways unless
sidewalks are provided with shoulders of sufficient width to permit stopping
without interfering with the normal movement of traffic and without the
possibility of crossing over fast lanes to reach the bus stop.
(f) Any person reporting a traffic accident or other situation or incident
to a peace officer or any person specified in subdivision(c),either directly or
by means of an emergency telephone or similar device.
(g) The owner or operator of a tow truck operating under an agreement
with the Department of the California Highway Patrol for the purpose of
rapid removal of impediments to traffic."
8. Towing or Storage Charges: Payment (22651.1). "Persons operating or in
charge of any storage facility where vehicles are stored pursuant to Section 22651
shall accept a valid bank credit card or cash for payment of towing and storage by the
registered owner, legal owner, or the owner's agent claiming the vehicle. A person
operating or in charge of any storage facility who refuses to accept a valid bank credit
card shall be liable to the registered owner of the vehicle for four times the amount
of the towing and storage charges,but not to exceed five hundred dollars($500). In
addition, persons operating or in charge of the storage facility shall have sufficient
___.-ids on the premises to accommodate and make change in a-reasonable-monetary
transaction.
3095bLE 5
Credit charges for towing and storage services shall comply with Section 1748.1 of
the Civil Code. Law enforcement agencies may include the costs of providing for
payment by credit when agreeing with a towing or storage provider on rates."
9. Release of the Vehicle(22850.3). "(a)A vehicle placed in storage pursuant
to Section 22850 shall be released to the owner or person in control of the vehicle
only if the owner or person furnishes, to the law enforcement agency or employee
who placed the vehicle in storage, satisfactory proof of current registration. The
agency which caused the vehicle to be stored may, in its discretion, issue a notice to
appear for the registration violation, if the two days immediately following the day
of impoundment are weekend days or holidays.
(b) At every storage facility there shall be posted in a conspicuous place
a notice to the effect that a vehicle placed in storage pursuant to
Section 22850 may be released only on proof of current registration
or,at the discretion of the impounding agency, upon the issuance of
a notice to appear for the registration violation by the local agency
which caused the vehicle to be stored, specifying the name and
telephone number of that local agency."
10. Stoplamps, Taillamps, Reflectors (24600, 24603, 24607). In addition to
required lighting equipment,tow trucks may be equipped with additional stoplamps,
taillamps, and rear reflectors which may be mounted not lower than 15 inches nor
higher than the maximum allowable vehicle height and as far forward as the rearmost
portion of the driver's seat in the rearmost position. Such additional taillamps shall
be lighted whenever the headlamps are lighted.
11. Tow Trucks and Towed Vehicles(24605). "(a)A tow truck or an automobile
dismantler's tow vehicle used to tow a vehicle shall be equipped with and carry a
taillamp,a stoplamp,turn signal lamps,and a portable electric extension cord for use
in displaying the lamps on the rear of the towed vehicle.
(b) Whenever a tow truck or an automobile dismantler's tow vehicle is
towing a vehicle and a stoplamp and turn signal lamps cannot be lighted and
displayed on the rear of the towed vehicle,the operator of the tow truck or the
automobile dismantler's tow vehicle shall by means of an extension cord
display to the rear a stoplamp and turn signal lamps mounted on the towed
vehicle,except as provided in subdivision(c).During darkness,if a taillamp
on the towed vehicle cannot be lighted, the tow truck or the automobile
dismantler's tow vehicle operator shall by means of an extension cord display
to the rear a taillamp mounted on the towed vehicle. No other lighting
-_-
--- equipment need be displayed on the towed vehicle.
3095b 6
C. Whenever any motor vehicle is towing another motor vehicle,
stoplamps and turn signal lamps are not required on the towed motor vehicle,
but only if a stoplamp and turn signal lamp on each side of the rear of the
towing vehicle is plainly visible to the rear of the towed vehicle. This
subdivision shall not apply to driveway-towaway operations."
12. Utility Flood Lights (25110). Tow trucks that are used to tow disabled
vehicles may be equipped with utility flood or loading lamps mounted on the rear,
and sides, which project a white light illuminating an area to the side or rear of the
vehicle for a distance not to exceed 75 feet at the level of the roadway. Tow trucks
may display such utility flood lights only during the period ofpreparatiori for towing
at the location from which a disabled vehicle is to be towed. The flood lamps shall
not be lighted during darkness, except while the vehicle is parked, nor project any
glaring light into the eyes of an approaching driver.
13. Warning Lamps on Tow Trucks (25253). Tow trucks used to tow disabled
vehicles shall be equipped with flashing amber warning lamps. Tractor-trailer
combinations are exempt from this requirement. Tow trucks may display flashing
amber warning lamps while providing service to a disabled vehicle. A flashing
amber warning lamp upon a tow truck may be displayed to the rear when such tow
truck is towing a vehicle and moving at a speed slower than the normal flow of
traffic.
Note: Vehicles used by automobile dismantlers to tow disabled vehicles may be
equipped with flashing amber warning lights. Vehicles used by service stations or
garages to occasionally render assistance to disabled vehicles are not tow trucks and
are not permitted to be equipped with flashing amber warning lamps.
14. Use of Flashing Amber Warning Light(25268). "No person shall display a
flashing amber warning light on a vehicle as permitted by this code except when an
unusual traffic hazard exists."
15. Warning Devices on Disabled or Parked Vehicles(25300). "(a)Every vehicle
which, if operated during darkness, would be subject to the provisions of Section
25100, and every truck tractor irrespective of width, shall be equipped with at least
three red emergency reflectors. The reflectors need be carried by only one vehicle
in a combination. All reflectors shall be maintained in good working condition.
(b) When any such vehicle is disabled on the roadway during darkness,reflectors
of the type specified in subdivision(a) shall be immediately placed as follows:
I.- One at the traffic side of the disabled vehicle, not more than 10 feet to the
front or rear thereof.
3sbz.r 7
2. One at a distance of approximately 100 feet to the rear of the disabled vehicle
in the center of the traffic lane occupied by such vehicle.
3.. One at a distance of approximately 100 feet to the front of the disabled
vehicle in the center of the traffic lane occupied by such vehicle.
4. if disablement of any such vehicle occurs within.500 feet of a curve,crest of
a hill or other obstruction to view, the driver shall so place the reflector in that
direction as to afford ample warning to other users of the highway,but in no case less
than 100 nor more than 500 feet from the disabled vehicles.
5. if disablement of the vehicle occurs upon any roadway of a divided or
one-way highway,the driver shall place one reflector at a distance of approximately
200 feet and one such reflector at a distance of approximately 100 feet to the rear of
the vehicle in the center of the lane occupied by the stopped vehicle, and one such
reflector at the traffic side of the vehicle not more than 10 feet to the rear of the
vehicle.
C. When any such vehicle is disabled or parked off the roadway but
within 10 feet thereof during darkness, warning reflectors of the type
specified in subdivision (a) shall be immediately placed by the driver as
follows: One at a distance of approximately 200 feet and one at a distance of
approximately 100 feet to the rear of the vehicle, and one at the traffic side
of the vehicle not more than 10 feet to the rear of the vehicle. The reflectors
shall,if possible,be placed between the edge of the roadway and the vehicle,
but in no event less than 2 feet to the left of the widest portion of the vehicle
or load thereon.
d. Until the reflectors required by this Vection can be placed properly,
the requirements of this Vection may be complied with temporarily by either
placing lighted red fusees in the required locations or by use of turn signal
lamps, but only if front turn signal lamps at each side are being flashed
simultaneously.
e. The reflectors shall be displayed continuously during darkness while
the vehicle remains disabled upon the roadway or parked or disabled within
10 feet thereof.
(f)Subdivisions(b),(c),(d),and(e)do not apply to a vehicle under either of
the following circumstances:
(1) parked in a legal position within the corporate limits of any
city.
:3sb 8
...__
(2) Parked in a legal position upon a roadway bounded by
adjacent curbs.
(g) In addition to the reflectors specified in subdivision (a), an
emergency warning sign or banner may be attached to a
vehicle which is disabled upon the roadway or which is
parked or disabled within 10 feet of a roadway."
16. Use of Fuses (25305). "(a)No person shall place, deposit, or display upon
or adjacent to any highway any lighted fuses, except as a warning to approaching
vehicular traffic or railroad trains, or both,of an existing hazard upon or adjacent to
the highway or highway-railroad crossing.
b. It is unlawful to use any fusee which produces other than a red light.,'
17. Brakes (26453, 26454, 26458). Disabled motor vehicles equipped with
power brakes are exempt from the provisions of Vehicle Code Section 26458 which
require a single control on the towing vehicle to operate the brakes on the towed
vehicle. Such combinations must meet the stopping distance requirement of 50 feet
from an initial speed of 20 miles per hour. The service brakes on the tow truck shall
be adequate to control the movement of and stop and hold the combination of
vehicles under all conditions and on any grade on which they are operated Brakes
are required to be maintained in good working order at all times.
18. Broom,Shovel and Extinguisher(27700). "(a)Tow trucks shall be equipped
with and carry all of the following:
a. One or more brooms, and the driver of the tow truck engaged to
remove a disabled vehicle from the scene of an accident shall remove all
glass and debris deposited upon the roadway by the disabled vehicle which
is to be towed.
b. One or more shovels, and whenever practical the tow truck driver
engaged to remove any disabled vehicle shall spread dirt upon that portion of
the roadway where the oil or grease has been deposited by the disabled
vehicle.
C. One or more fire extinguishers of the dry chemical or carbon dioxide
type with an aggregate rating of at least 4-B,C units and bearing the approval
of a laboratory nationally recognized as properly equipped to make such
approval.
d. A person licensed as a repossession agency pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code is exempt from this section."
3095b.E 9
19. Signs,Tow Trucks(27907). "There shall be displayed in a conspicuous place
on both the right and left side of a tow truck or an automobile dismantler's tow
vehicle used to tow vehicles a sign showing the name of the company or the owner
or operator of the tow truck or the automobile dismantler's tow vehicle. The sign
shall also contain the business address and telephone number of the owner or driver.
The letters of the sign shall be not less than 2 inches in height and the lettering shall
be in contrast to the color of the background upon which they are placed."
NOTE: California Vehicle Code Section 25 prohibits the display of any sign,mark,
or advertisement indicating an official connection between any tow service and the
California Highway Patrol.
20. Safety Chains(29004).
a. "Every towed vehicle shall be coupled to the towing vehicle or tow truck by
means of a safety chain, cable, or equivalent device in addition to the regular
drawbar,tongue or other connection.
b. All safety connections and attachments shall be of sufficient strength to
control the towed vehicle in event of failure of the regular hitch, coupling device,
drawbar, tongue or other connection. All safety connections and attachments also
shall have a positive means of ensuring that the safety connection or attachment does
not become dislodged while in transit.
(c) No more slack shall be left in a safety chain,cable or equivalent device than
is necessary to permit proper turning. When a drawbar,as defined in Section 300,is
used as the towing connection, the safety chain, cable or equivalent device shall be
connected to the towed and towing vehicle and to the drawbar so as to prevent the
drawbar from dropping to the ground if the drawbar falls."
ATTACHMENT ffCrf
I. GENERAL EQUIPMENT SPECIFICATIONS AND USE REQUIREMENTS
A. Tow Truck and Car Carrier Classifications
Tow truck and car carrier classifications are based on the truck chassis GVWR,and
the classification system used by the American Trucking Association (ATA) and truck
manufacturers.
ATA and Manufacturers Classifications RPD Rotation Classifications
a. Class 3 - 10,000 - 14,000 pounds GVWR (Class A Tow Trucks)
b. Class 4 - 14,001 - 16,000 pounds GVWR (Class A Tow Trucks)
c. Class 5 - 16,001 - 19,500 pounds GVWR (Class A Tow Trucks)
d. Class 6 - 19,501 - 26,000 pounds GVWR (Class B Tow Trucks)
e. Class 7 - 26,001 - 33,000 pounds GVWR (Class B Tow Trucks)
£ Class 8 - 33,001 or more GVWR (Class C& D Tow Trucks)
B. Equipment Limitations
I. All towing equipment,recovery equipment,and carrier ratings are based on
structural factors only. Actual towing, carrying, and recovery capacity may be
limited by the capacity of the chassis and the optional equipment selected.
C. Towing Limitations
1. The total weight of the truck, including the lifted load, shall fall within the
GVWR and not exceed either the front axle weight ratings (FAVv R) or rear axle
,"reight ratings(RAWR).
2. The truck must meet all applicable state and/or federal standards.
3. The front axle load must be at least 50%of its normal or unladen weight after
the load is lifted.
4. Any violation of this element is cause for suspension.
D. Identification Labels
1. Each piece of towing equipment shall have a label or identification tag
permanently affixed to the equipment in a prominent location to identify the
manufacturer, serial number, model, and rated capacity.
3095cLE 1
E. Recovery Equipment Rating
I. The basic performance rating of the recovery equipment is the weight the
equipment can lift in a winching mode, when the boom is static at a 30 degree
elevation with the load lines vertical and the lifting cables sharing the load equally,
measured with a live load(weight or load cell).
a. The structural design of the recovery equipment must have a higher
load capacity than the performance rating(s).
b. Winches shall conform to or exceed the specifications set forth by the
Society of Automotive Engineers (SAE) Handbook, SAE J706.
C. All ratings for cable and chain assemblies are for the undamaged
assembly condition. All cable and chain assemblies should be the same type,
construction,and rating as specified by the original equipment manufacturer
(OEM)for the equipment.
F. Safety Chains
1. Safety chains shall be rated at no less than the rating specified by the OEM.
a. Two safety chains shall be used for vehicles being towed. The safety
chains shall be securely affixed to the truck bed frame or wrecker boom,
independent of the towing sling, bar or hitch, wheel lift, or underlift towing
equipment. The towed vehicle shall be secured to the towing equipment
independent of the safety chains by either two chains or two straps.
b. Vehicles being transported on slide back carriers shall be secured by
four tie-down chains or straps independent of the winch or loading cable.
C. All safety connections and attachments shall have a positive means,
of sufficient strength, to ensure that the safety connection or attachment
cannot become disengaged while in transit.
G. Control/Safety Labels
I. All controls shall be clearly marked to indicate proper operation, as well as
any special warnings or cautions.
H. Signs
I. All tow tracks shall display signs on both sides containing the operator's
3095cLE 2
company name, business address, and telephone number. The signs shall be
permanently axed and in compliance with the requirements of CVC section 27907.
1. Wire Rope (Cable)
1. Wire rope shall be maintained in good condition. Only wire rope with
swaged ends,wedge locks,or braided ends,with metal sleeves in the loops,shall be
approved for use by the RPD. Consistent with the California Code of Regulations,
Title 13, Section 1305(b), wire rope is not in good condition when it is stranded,
knotted,crushed,excessively rusty,chinked,badly worn,when there are 12 or more
wires broken in lay length,or where there is other visible evidence of loss of strength.
II. TOW TRUCK CLASSIFICATIONS AND EQUIPMENT SPECIFICATIONS
A. The Operator shall maintain five (5)tow trucks during the term of the Agreement.
Three trucks shall be Class A, one truck shall be Class B and one truck shall be a Class C.
A truck of a higher class may be counted as a lower class truck on a one-to-one basis. All
tow trucks shall be based and maintained in the City of Redlands.
B. Class A Tow Trucks
1. Minimum Equipment Specifications
a. 10,000 pound GVWR chassis.
b. 4-ton recovery equipment rating.
C. Hydraulic or mechanical winch(es).
d. 100 ft.318"6 x 19 cable or original equipment manufacturer's(OEM)
specifications.
e. Tow chains, 5116"alloy or OEM specifications,3/T hook assembly.
f. Safety chains, 5116" alloy or OEM specifications.
g. Tow sling rating 3,000 pounds, when equipped.
h. Wheel lift safety straps or equivalent mechanical device.
i. All required wheel safety straps,or equivalent wheel retention device,
tie-down straps, and safety chains shall be used during towing operations.
sC 3
j. Tow dolly.
k. One 3-ton snatch block.
1. Wheel lift rating-retracted.......3,000 pounds.
85" extension*.......3,000 pounds.
*Measured from the center line of the rear axle of the towing vehicle to 10 inches
behind the back face of the lifting bar.
C. Class A Car Carrier- One Car
2. Minimum Equipment Specifications
a. 10,000 pound GVWR chassis.
b. Hydraulic or mechanical winch.
C. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains, 5/16" alloy or OEM specifications; four safety chains
for the vehicle being transported.
f All required tie-down straps and safety chains shall be used as
required during towing operations.
D. Class A Car Carrier- Two Cars
3. Minimum Equipment Specifications
a. 15,001 pound GVWR chassis.
b. Hydraulic or mechanical winch.
C. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains 5/16" alloy or OEM specifications; four safety chains
for the vehicle being transported and two safety chains for the vehicle
being towed.
3o9 LE 4
1. All required tie-down straps and safety chains shall be used
during towing operations.
E. Mass B Tow True.
4. Minimum Equipment Specifications
a. 19,501 pound GV WR chassis.
b. Air brakes or hydraulic w/air hookup package.
C. 14-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 150 ft. 7/16" 6 x 19 cable or OEM specifications.
f: Tow chains, 1/2" alloy or OEM specifications.
g. Safety chains, 1/2" alloy or OEM specifications.
h. Tow sling rating 7,000 pounds.
i. Two 8-ton snatch blocks.
j. Wheel lift safety straps or equivalent mechanical device.
1. All required wheel safety straps,or equivalent wheel retention
device,tie-down straps,and safety chains shall be used during towing
operations.
k. Wheel lift or under lift rating retracted........10,000 pounds.
85" extension*.........8,000 pounds.
*Measured from the center line of the rear axle of the towing vehicle
to 10 inches behind the back face of the lifting bar or from the center
line of the rear axle to the center of the lift forks.
F. Class B Car Carrier
5 Minimum Equipment Specifications
a. 19,501 pound GVW`R chassis.
3095cU 5
b. Hydraulic or mechanical winch.
C. 50 ft. 3/8" 6 x 19 cable or OEM specifications.
d. J/T hook loading bridle/chains.
e. Safety chains, 5/16" alloy or OEM specifications; four safety chains
for each vehicle being transported and two safety chains for the
vehicle being towed.
1. All required tie-down straps and safety chains shall be used
during towing operations.
G. Class C Tow Truck
6. Minimum Equipment Specifications
a_ 33,000 pound GVVVR chassis.
b. Air brakes w/air hookup package and single control compressor.
C. 25-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 200 ft. 5/8" 6 x 19 cable or OEM specifications.
f. Tow chains, 5/8" alloy or OEM specifications.
g. Safety chains, 5/8" alloy or OEM specifications.
h. Tow sling rating 12,000 pounds.
i. Two 12-ton snatch blocks.
j. Under lift rating - retracted..........25,000 pounds.
100" extension*..........12,000 pounds.
* Measured from the center line of the rear axle to the center of the
lift forks.
H. Class D Tow Truck
3095cLE 6
7. Minimum Equipment Specifications
a. 50,000 pound GVWR chassis.
b. Air braves whir hookup package.
C. 300-ton recovery equipment rating.
d. Hydraulic or mechanical winch(es).
e. 250 ft. 3/4" 6 x 19 cable or OEM specifications.
f. Tow chains, 5/8" alloy or OEM specifications.
g. Safety chains, 5/8" alloy or OEM specifications.
h. Tow sling rating 20,000 pounds.
i. Two 12-ton snatch blocks.
j. Under lift rating- retracted............32,000 pounds.
100" extension*............16,000 pounds.
* Measured from the center line of the rear axle to the center of the
lift forks.
III. AUXILIARY EQUIPMENT
A. Required Equipment All Classes
1. Extension - Brake and tail lamps.
2. Fire extinguisher(Approved 4-B, C rating or better).
3. Flashlight.
4. Broom.
5. Shovel.
6. Wrecking bar(large pry bar).
5c 7
7. Reflective triangles.
8. Equivalent of six 30-minute flares.
9. Covered trash can(s) with absorbent.
10. Shop rags and/or paper towels.
11. Shop to truck communications (C/B and cellular phones excluded).
B. Service and Other Equipment-(For service calls, each tow truck shall be equipped
with the following service equipment):
1. Adequate emergency supply of fuel in an approved container.
2. Booster battery or hot box starting system.
3. Hydraulic jack capable of handling passenger cars and light trucks.
4. Metric and standard lug wrenches.
5. Rubber mallet/hub cap tool.
6. Lockout tools.
7. Motorcycle straps(Class A only).
8. Sledge hammer.
9. Tool kit may include:
a. Assorted open end wrenches; standard, 1/4" - 7/8" and
.Metric, 6-19 mm.
b. Assorted screwdrivers; Straight blade and Phillips.
C. Crescent wrench.
d. Ball peen hammer.
e. Pliers.
f. Battery and terminal cleaning tools.
3095cLE 8
9- Mechanic's wire.
h. Plastic electrical tape/duct tape.
i. Tire valve core tool.
j. Miscellaneous fuses.
k. Small pry bar.
I. Socket Sets; 1/4" - I" and 6-19 mm.
M. Ratchet and extensions.
C. Class A
I. Required Equipment
a. One 3-ton rated snatch block.
b. Towing sling - JIT hook tow chain assembly, a 4"x4"x48" and a
4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering
wheel clamp, a towing dolly, and safety chains.
C. Wheel lift - Wheel safety straps or equivalent mechanical device,
steering wheel clamp,towing dolly, and safety chains.
d. Car carrier-J/T hook loading bridle, a 4"x4"x48" and a 4"x4"x60"
wooden crossbeam, a pair of spacer blocks, and two pairs of safety
chains.
D. Class B
I. Required Equipment
a. Towing sling - J/T hook tow chain assembly, a 41'x4"x48" and a
4"x4"x60" wooden crossbeam, a pair of spacer blocks, a steering
wheel clamp, a towing dolly, and safety chains.
b. Wheel lift - WheeI safety straps or equivalent mechanical device,
steering wheel clamp, towing dully, and safety chains.
C. Truck hitch-Tow chain assembly,4"x4"x60"and 6"x6"x60"wooden
3095c.E 9
crossbeams(as necessary),aluminum tow angle(s),and safety chains.
d. Under lift-Assortment of lift forks/adapters,safety tie-down chains,
and safety chains.
e. Two 8-ton rated snatch blocks.
f. Axle covers/caps.
g. Air hoses and necessary fittings to provide air to the towed vehicle.
E. Classes C and D
1. Required Equipment
a. Towing sling - Tow chain assembly, a 4"x4"x60" and a 6"x6"x60"
wooden crossbeam, a pair of spacer blocks, a steering wheel clamp,
and safety chains.
b. Truck hitch-Tow chain assembly,4"x4"x60"and 6"x6"x60"wooden
crossbeams(as necessary),aluminum tow angle(s),and safety chains.
C. Under reach - Assortment of lift forks/adapters, safety tie-down
chain(s), and safety chains.
d. Steering wheel clamp.
e. Two 12-ton rated snatch blocks.
f. Axle covers/caps.
g. Air hoses and necessary fittings to provide air to the towed vehicle.
3095cLE 10
ATTACHMENT "D"
Applicant's Instruction for Completing the CHF 234A and RPT.}234B
I. GENERAL INFORMATION
A. The following instructions are being provided to assist you in the accurate completion
of the necessary forms. PIease be sure to sign and date the application form as indicated.
You should thoroughly read and understand the Tow Service Agreement prior to submitting
your application. After completing the application form (CHP 234A), return the entire
package,along with the certificate of insurance as specified in Element 9 of the Tow Service
Agreement,to the RPD for approval. Incomplete applications will not be accepted. If your
company receives preliminary approval,an inspection of your facilities and equipment will
be scheduled.
IL SPECIFIC INSTRUCTIONS FOR FORMS PREPARATION
A. Application for Rotation Tow Listing(CHP 234A)
I. Completely fill out and sign the CHP 234A. Incomplete applications will not
be accepted. All information on the CHP 234A must be complete. Any
misrepresentation on the application will be grounds for criminal and/or disciplinary
action.
B. Rotation Tow List-Tow Truck Inspection Guide (RPD 2348)
I. Upon preliminary approval,the RPD will provide you with a CHP 234B,Tow
Truck Inspection Guide for each tow truck.
2. You should complete the top section ofthe CHP 234E(Tow Truck Inspection
Guide)with company and vehicle information prior to the scheduled inspection date.
3. The following instructions will assist you in preparing this section of the
form:
a. Company name as it shows on application..
b. Year vehicle manufactured.
C. Make of vehicle.
d. Model of vehicle.
3saL I
e. License number.
f. Vehicle identification number.
g. Cross vehicle weight rating as rated by the manufacturer.
h. Check the appropriate equipment type.
. ....... ... ....
3095 2